IRLF 


GIFT  OF 


. 

SEVENTH  COMPILATION 

Public  School  Laws 

OF  LOUISIANA 


Rules  and  Regulations  of  the  State  Board 
of  Education 

Sanitary  Regulations  of  the  State  Board 
of  Health 


AND   THE 


Important  Decisions  of  the  Supreme  Court 
of  Louisiana,  Relating  to  Schools 


PREPARED   UNDER  THE  DIRECTION   OF 

T,  H,  HARRIS,  State  Superintendent  of  Education. 

BY 

L,  J,  ALLEMAN, 
1911 


Public  School  Laws 

OF  LOUISIANA 


Rules  and  Regulations  of  the  State  Board 
of  Education 

Sanitary  Regulations  of  the  State  Board, 
of  Health 


AND    THE 


Important  Decisions  of  the  Supreme  Court 
of  Louisiana,  Relative  to  Schools 


SEVENTH    COMPILATION 
(Containing  All  Laws,  Regulations,  etc.,  Now  in  Force. V 


PREPARED    UNDER   THE   DIRECTION    OP 

STATE  SUPERINTENDENT  TMJ,,  HARRIS. 


L.  J.  ALLEMAN,  State  Institute  Conductor. 
1911 


STATE  BOARD  OF  EDUCATION 


Gpv.  J.  Y.  SANDERS,  President Baton  Rouge 

STATE  SUPERINTENDENT  T.  H.  HARRIS,  ex-officio  Sec- 
retary,     Baton  Rouge 

ATTORNEY  GENERAL  WALTER  GUION New  Orleans 

HON.  A.  BRITTIN New  Orleans 

HON.  GEO.  MONTGOMERY New  Orleans 

HON.  S.  L.  LEBLANC Napoleonville 

HON.  D.  C.  SCARBOROUGH Natchitoches 

HON.  E.  L.  KIDD Ruston 

HON.  S.  McC.  LAWRASON St.  Francisville 

HON.  S.  T.  WOODRING Lake  Charles 

MR.  L.  BAKER,  Assistant  Secretary Baton  Rouge 


STATE   CONSTITUTION  OF  1898. 


ARTICLES     HAVING     REFERENCE     TO     PUBLIC 
EDUCATION. 


1.  (Art.  53.    Limitation   of   Legislative   Powers.) 

No  money  shall  ever  be  taken  from  the  public  treasury,  di- 
rectly or  indirectly,  in  aid  of  any  church,  sect  or  denomination 
of  religion,  or  in  aid  of  any  priest,  preacher,  minister  or  teacher 
thereof,  as  such;  and  no  preference  shall  ever  be  given  to,  nor 
any  discrimination  made  against,  any  church,  sect  or  creed  of 
religion,  or  any  form  of  religious  faith  or  worship;  nor  shall 
any  appropriations  be  made  for  private,  charitable  or  benevolent 
purposes  to  any  person  or  community;  provided,  this  shall  not 
apply  to  the  State  Asylum  for  the  Insane  and  State  Institution 
for  the  Deaf  and  Dumb  and  State  Institution  for  the  Instruction 
of  the  Blind,  and  the  charity  hospitals  and  public  charitable 
institutions  conducted  under  State  authority. 

2.  (Art.  230.    Educational   Institutions  Exempt  From  Taxation.) 

The  following  shall  be  exempt  from  taxation,  and  no  other, 
viz:  All  public  property,  places  of  religious  worship,  or  burial, 
all  charitable  institutions,  all  buildings  and  property  used  ex- 
clusively for  public  monuments  or  historical  collections,  colleges 
and  other  school  purposes,  the  real  and  personal  estate  of  any 
library,  and  that  of  any  other  library  association  used  by  or 
connected  with  such  library,  all  books  and  philosophical  appa- 
ratus, and  all  paintings  and  statuary  of  any  company  or  asso- 
ciation kept  in  a  public  hall ;  provided,  the  property  so  exempted 
be  not  leased  for  purposes  of  private  or  corporate  profit  and 
income.  ****** 

3.  (Art.  231.    Poll  Tax  of  One  DoJIar.) 

The  General  Assembly  shall  levy  an  annual  poll  tax  of  one 
dollar  upon  every  male  inhabitant  in  the  State  between  the  ages 
of  twenty-one  and  sixty  years,  for  the  maintenance  of  the  public 
schools  in  the  parishes  where  collected. 

242859 


4.  (Art.  232.    School  Tax  on  a  Vote  of  Property  Taxpayers.) 

The  State  tax  on  property  for  all  purposes  whatever,  includ- 
ing expenses  of  government,  schools,  levees  and  interest,  "shall 
not  exceed  in  any  one  year,  six  mills  on  the  dollar  of  its  assessed 
valuation,  and,  except  as  otherwise  provided  in  this  Constitution, 
no  parish,  municipal  or  public  board  tax  for  all  purposes  what- 
soever, shall  exceed  in  any  one  year  ten  mills  on  the  dollar  of 
valuation;  provided,  that  for  giving  additional  support  to  public 
schools,  and  for  the  purpose  of  erecting  and  constructing  public 
buildings,  public  schoolhouses,  bridges,  wharves,  levees,  sewerage 
work  and  other  works  of  permanent  public  improvement,  the 
title  to  which  shall  be  in  the  public,  any  parish,  municipal  cor- 
poration, ward  or  school  district  may  levy  a  special  tax  in  excess 
of  said  limitation,  whenever  the  rate  of  such  increase  and  the 
number  of  years  it  is  to  be  levied  and  the  purposes  for  which  the 
tax  is  intended,  shall  have  been  submitted  to  a  vote  of  the  prop- 
erty taxpayers  of  each  parish,  ward  or  school  district  entitled 
to  vote  under  the  election  laws  of  the  State,  and  a  majority  of 
the  same  in  numbers  and  in  value  voting  at  such  election  shall 
have  voted  therefor. 

5.  (Art.  248.    Free  Schools;  for  Whom;  Apportionment  of  Funds.) 

There  shall  be  free  public  schools  for  the  white  and  colored 
races,  separately  established  by  the  General  Assembly,  through- 
out the  State,  for  the  education  of  all  the  children  of  the  State 
between  the  ages  of  six  and  eighteen  years ;  provided,  that  where 
kindergarten  schools  exist,  children  between  the  ages  of  four 
and  six  may  be  admitted  into  said  schools.  All  funds  raised 
by  the  State  for  the  support  of  public  schools,  except  the  poll 
tax,  shall  be  distributed  to  each  parish  in  proportion  to  the  num- 
ber of  children  therein  between  the  ages  of  six  and  eighteen 
years.  The  General  Assembly,  at  its  next  session,  shall  provide 
for  the  enumeration  of  educable  children. 

6.  (Art.  249,  as  amended  by  Act  28  of  1908.    State  Superintendent.) 

There  shall  be  elected  by  the  qualified  electors  of  the  State  a 
Superintendent  of  Public  Education,  who  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  is  qualified.  His 
duties  shall  be  prescribed  by  law,  and  he  shall  receive  an  annual 
salary  of  five  thousand  dollars. 


7.  (Art.  250.    State  Board  of  Education;   Parish  Boards  and  Officers.) 

The  General  Assembly  shall  provide  for  the  creation  of  a 
State  Board  and  Parish  Boards  of  Public  Education.  The  Parish 
Boards  shall  elect  a  Parish  Superintendent  of  Public  Education 
for  their  respective  parishes,  whose  qualifications  shall  be  fixed 
by  the  Legislature,  and  who  shall  be  ex-officio  secretary  of  the 
Parish  Board.  The  salary  of  the  Parish  Superintendent  shall 
be  provided  for  by  the  General  Assembly,  to  be  paid  out  of  the 
public  school  funds  accruing  to  the  respective  parishes. 

8.  (Art.  251.    French   May  Be  Taught.) 

The  general  exercises  in  the  public  schools  shall  be  conducted 
in  the  English  language ;  provided,  that  the  French  language  may 
be  taught  in  those  parishes  or  localities  where  the  French  lan- 
guage predominates,  if  no  additional  expense  is  incurred  thereby. 

9.  (Art.  252.    Application  of  tfie  Poll  Tax.) 

The  funds  derived  from  the  collection  of  the  poll  tax  shall 
be  applied  exclusively  to  the  maintenance  of  the  public  schools 
as  organized  under  this  Constitution,  and  shall  be  applied  ex- 
clusively to  the  support  of  the  public  schools  in  the  parish  in 
which  the  same  shall  be  collected,  and  shall  be  accounted  for 
and  paid  by  the  collecting  officer  directly  to  the  treasurer  of 
the  local  school  board. 

10.  (Art.    253.      Private    and    Sectarian    Schools    Cannot    Receive    Public 

School    Funds.) 

No  funds  raised  for  the  support  of  the  public  schools  of  the 
State  shall  be  appropriated  to  or  used  for  the  support  of  any 
private  or  sectarian  schools. 

11.  (Art.  254.    School  Funds— Of  What  They  Shall  Consist.) 

The  school  funds  of  the  State  shall  consist  of :  1st.  Not  less 
than  one  and  one-quarter  mills  of  the  six  mills  tax  levied  and 
collected  by  the  State.  2d.  The  proceeds  of  taxation  for  school 
purposes  as  provided  by  this  Constitution.  3d.  The  interest  on 
the  proceeds  of  all  public  lands  heretofore  granted  or  to  be 
granted  by  the  United  States  for  the  support  of  the  public 
schools,  and  the  revenues  derived  from  such  lands  as  may  remain 
unsold.  4th.  All  funds  and  property,  other  than  unimproved 
lands,  bequeathed  or  granted  to  the  State,  not  designated  for 
any  other  purpose.  5th.  The  proceeds  of  vacant  estates  falling 


6 

under  the  law  to  the  State  of  Louisiana.  6th.  The  legislature 
may  appropriate  to  the  same  fund  the  proceeds  of  public  lands 
not  designated  or  set  apart  for  any  other  purpose,  and  shall 
provide  that  every  parish  may  levy  a  tax  for  the  public  schools 
therein,  which  shall  not  exceed  the  entire  State  tax;  provided, 
that  with  such  a  tax  the  whole  amount  of  parish  taxes  shall  not 
exceed  the  limits  of  parish  taxation  fixed  by  this  Constitution. 
The  City  of  New  Orleans  shall  make  such  appropriations  for 
the  support,  maintenance  and  repair  of  the  public  schools  of 
said  city  as  it  may  deem  proper,  but  not  less  than  eight-tenths 
of  one  mill  for  one  year;  and  said  schools  shall  continue  to 
receive  from  the  Board  of  Liquidation  of  the  City  Debt,  the 
amounts  to  which  they  are  now  entitled  under  the  Constitutional 
amendment,  adopted  in  the  year  1892. 

12.  (Art.  255.    State   University  and  A.  &  M.  College,  Tulane  University.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  founded  upon  land  grants  of  the  United  States  to 
endow  a  seminary  of  learning  and  a  college  for  the  benefit  of 
agriculture  and  mechanic  arts,  now  established  and  located  in 
the  City  of  Baton  Rouge,  is  hereby  recognized ;  and  all  revenues 
derived  and  to  be  derived  from  the  seminary  fund,  the  Agricul- 
tural and  Mechanical  College  fund,  and  other  funds  or  lands 
donated  to  or  to  be  donated  by  the  United  States  to  the  State  of 
Louisiana  for  the  use  of  a  seminary  of  learning  or  of  a  college 
for  the  benefit  of  agriculture  or  the  mechanic  arts,  shall  be  ap- 
propriated exclusively  to  the  maintenance  and  support  of  the 
said  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College;  and  the  General  Assembly  shall  make  such  addi- 
tional appropriations  as  may  be  necessary  for  its  maintenance, 
support,  and  improvement,  and  for  the  establishment,  in  connec- 
tion with  said  institution,  of  such  additional  scientific  or  literary 
departments  as  the  public  necessities  and  the  wellbeing  of  the 
people  of  Louisiana  may  require. 

The  Tulane  University  of  Louisiana,  located  in  New  Orleans, 
is  hereby  recognized  as  created,  and  to  be  developed  in  accord- 
ance with  the  provisions  of  the  legislative  act  No.  43,  approved 
July  5th,  1884,  and  by  approval  of  the  electors,  made  part  of 
the  Constitution  of  the  State. 

13.  (Art.  256.    Other  State  Schools.) 

The  Louisiana  State  Normal  School,  established  and  located 


at  Natchitoches ;  the  Industrial  Institute  and  College  of  Louisi- 
ana, whose  name  is  hereby  changed  to  the  Louisiana  Industrial 
Institute,  established  and  located  at  Ruston;  and  the  Southern 
University,  now  established  in  the  City  of  New  Orleans,  for  the 
education  of  persons  of  color,  are  hereby  recognized;  and  the 
General  Assembly  is  directed  to  make  such  appropriations  from 
time  to  time  as  may  be  necessary  for  the  maintenance,  support 
and  improvement  of  these  institutions ;  provided,  that  the  appro- 
priation for  the  maintenance  and  support  of  the  Southern  Uni- 
versity shall  not  exceed  ten  thousand  dollars  per  annum. 

14.  (Art.  257.    Interest  Due  the  Townships.) 

The  debt  due  by  the  State  to  the  free  school  fund  is  hereby 
declared  to  be  the  sum  of  one  million,  one  hundred  and  thirty 
thousand,  eight  hundred  and  sixty-seven  dollars  and  fifty-one 
cents  in  principal,  and  shall  be  kept  on  the  books  of  the  Auditor 
and  Treasurer  to  the  credit  of  the  several  townships  entitled  to 
the  same;  the  said  principal  being  the  proceeds  of  the  sales  of 
lands  heretofore  granted  by  the  United  States  for  the  use  and 
support  of  free  public  schools  which  amount  shall  be  held  by 
the  State  as  a  loan,  and  shall  be  and  remain  a  perpetual  fund,  on 
which  the.  State  shall  pay  an  annual  interest  of  four  per  cent, 
and  said  interest  shall  be  paid  to  the  several  townships  of  the 
State  entitled  to  the  same,  in  accordance  with  the  Act  of  Con- 
gress, No.  68,  approved  February  15th,  1843. 

15.  (Art.  258.    Debt  Due  Seminary  Fund.) 

The  debt  due  by  the  State  to  the  seminary  fund  is  hereby 
declared  to  be  one  hundred  and  thirty-six  thousand  dollars,  being 
the  proceeds  of  the  sale  of  lands  heretofore  granted  by  the 
United  States  to  this  State  for  the  use  of  a  seminary  of  learning,, 
and  said  amount  shall  be  kept  to  the  credit  of  said  fund  on  the 
books  of  the  Auditor  and  Treasurer  of  the  State  as  a  perpetual 
loan,  and  the  State  shall  pay  an  annual  interest  of  four  per  cent 
on  said  amount. 

16.  (Art.  259.    Debt  Due  A.  and  M.  College.) 

The  debt  due  by  the  State  to  the  Agricultural  and  Mechan- 
ical College  fund  is  hereby  declared  to  be  the  sum  of  one  hun- 
dren  and  eighty-two  thousand  three  hundred  and  thirteen  dol- 
lars and  three  cents,  being  the  proceeds  of  the  sale  of  lands  and 


8 

land  scrip  heretofore  granted  by  the  United  States  to  this  State 
for  the  use  of  a  college  for  the  benefit  of  agricultural  and 
mechanical  arts;  the  said  amount  shall  be  kept  to  the  credit  of 
said  fund  on  the  books  of  the  Auditor  and  Treasurer  of  the 
State  as  a  perpetual  loan,  and  the  State  shall  pay  an  annual 
interest  of  five  per  cent  on  said  amount. 

17.  (Art.  260.    How  Interest  Shall   Be  Paid.) 

The  interest  due  on  the  free  school  fund,  the  seminary  fund 
and  the  Agricultural  and  Mechanical  College  fund,  shall  be  paid 
out  of  any  tax  that  may  be  levied  and  collected  for  the  payment 
of  the  interest  on  the  State  debt. 

18.  (Art.  261.    School  Books  for  Indigent  Pupils.) 

All  pupils  in  the  primary  grades  in  the  public  schools 
throughout  the  Parish  of  Orleans,  unable  to  provide  themselves 
with  the  requisite  books,  an  affidavit  to  that  effect  having  been 
made  by  one  of  the  parents  of  such  pupils,  or  if  such  parents 
be  dead,  shall  be  furnished  with  the  necessary  books,  free  of 
expense,  to  be  paid  out  of  the  school  fund  of  said  parish;  and 
the  School  Board  of  the  Parish  of  Orleans  is  hereby  directed 
to  appropriate  annually  not  less  than  two  thousand  dollars  for 
the  purpose  named,  provided  such  amount  be  needed. 

19.  (Art.  60.    Establishment  of  Additional  Educational  or  Charitable  In- 

stitutions.) 

No  educational  or  charitable  institution,  other  than  the  State 
institutions  now  existing,  or  expressly  provided  for  in  this  Con- 
stitution, shall  be  established  by  the  State  except  upon  a  vote 
of  two-thirds  of  the  members  elected  to  each  House  of  the  Gen- 
eral Assembly. 

20.  (Art.  210.    Eligibility  to  Office.) 

No  person  shall  be  eligible  to  any  office,  State,  judicial,  pa- 
rochial, municipal  or  ward,  who  is  not  a  citizen  of  this  State,  and 
a  duly  qualified  elector  of  the  State,  judicial  district,  parish, 
municipality  or  ward,  wherein  the  functions  of  said  office  are 
to  be  performed.  And  whenever  any  officer,  State,  judicial, 
parochial,  municipal  or  ward,  may  change  his  residence  from 
this  State,  or  from  the  district,  the  same  shall  thereby  be  vacated, 
any  declaration  of  retention  of  domicile  to  the  contrary  not- 
withstanding. 


9 

20-a.     (Art.    232.     Limitation    of    State    Tax;    Of    Other    Taxing    Bodies; 
W,hen  and  How  Special  Taxes  May  Be  Levied.) 

The  State  tax  on  property  for  all  purposes  whatever,  in- 
cluding expenses  of  government,  schools,  levees  and  interest, 
shall  not  exceed,  in  any  one  year,  six  mills  on  the  dollar  of  its 
assessed  valuation,  and,  except  as  otherwise  provided  in  this 
Constitution,  no  parish,  municipal  or  public  board  tax  for  all 
purposes  whatsoever,  shall  exceed  in  any  one  year  ten  mills  on 
the  dollar  of  valuation;  provided,  that  for  giving  additional 
support  to  public  schools,  and  for  the  purpose  of  erecting  and 
constructing  public  buildings,  public  schoolhouses,  bridges, 
wharves,  levees,  sewerage  work  and  other  works  of  permanent 
public  improvement,  the  title  to  which  shall  be  in  the  public,  any 
parish,  municipal  corporation,  ward  or  school  district  may  levy 
a  special  tax  in  excess  of  said  limitation,  whenever  the  rate  of 
such  increase  and  the  number  of  years  it  is  to  be  levied  and  the 
purpose  or  purposes  for  which  the  tax  is  intended,  shall  have  been 
submitted  to  a  vote  of  the  property  taxpayers  of  such  parish,  mu- 
nicipality, ward  or  school  district  entitled  to  vote  under  the  elec- 
tion laws  of  the  State,  and  a  majority  of  the  same  in  numbers, 
and  in  value  voting  at  such  election  shall  have  voted  therefor. 

21.  (Art.  235.    Inheritance  Tax  for  Public  Schools.) 

The  Legislature  shall  have  power  to  levy,  solely  for  the  sup- 
port of  the  public  schools,  a  tax  upon  all  inheritances,  legacies 
and  donations;  provided,  no  direct  inheritance,  or  donation,  to 
any  ascendant  or  descendant,  below  ten  thousand  dollars  in 
amount  or  value  shall  be  so  taxed;  provided,  further,  that  no 
such  tax  shall  exceed  three  per  cent  for  direct  inheritances  and 
donations  to  ascendants  or  descendants,  and  ten  per  cent  for 
collateral  inheritances,  and  donations  to  collaterals  or  strangers; 
provided,  bequests  to  educational,  religious  or  charitable  institu- 
tions shall  be  exempt  from  this  tax. 

22.  (Art.  236.) 

The  tax  provided  for  in  the  preceding  article  shall  not  be 
enforced  when  the  property  donated  or  inherited  shall  have  borne 
its  just  proportion  of  taxes  prior  to  the  time  of  such  donation 
or  inheritance. 


10 

22-a.  (Art.  281,  as  amended  by  Act  197  of  1910.  School  Bonds  and  Special 
Taxes.) 

Municipal  Corporations,  parishes  or  school,  drainage,  sub- 
drainage,  road,  navigation,  or  sewerage  districts,  the  City  of 
New  Orleans  excepted,  hereinafter  referred  to  as  subdivisions, 
when  authorized  to  do  so,  by  a  vote  of  a  majority  in  number 
and  amount  of  the  property  taxpayers,  qualified  to  vote  under 
the  Constitution  and  laws  of  this  State,  who  vote  at  an  election 
held  for  that  purpose,  after  due  notice  of  said  election  has  been 
published  for  thirty  (30)  days  in  the  official  journal  of  the  mu- 
nicipal corporation  or  parishes,  and  where  there  is  no  official 
journal,  in  a  newspaper  published  therein,  may  "through  their 
respective  governing  authorities,"  incur  debt  and  issue  negotia- 
ble bonds  therefor,  and  each  year  while  any  bonds  issued  to  evi- 
dence said  indebtedness  are  outstanding,  the  governing  authori- 
ties of  such  subdivision  shall  levy  and  collect  annually,  in  excess 
of  all  other  taxes,  a  tax  sufficient  to  pay  the  interest,  annually 
or  semi-annually,  and  the  principal  falling  due  each  year,  or 
such  amount  as  may  be  required  for  any  sinking  fund  provided 
for  the  payment  of  said  bonds  at  maturity ;  provided,  that  such 
special  taxes,  for  all  purposes,  shall  not  in  any  year  exceed  ten 
(10)  mills  on  the  dollar  of  the  assessed  valuation  of  the  property 
in  such  subdivisions. 

No  bonds  shall  be  issued  for  any  other  purpose  than  that 
stated  in  the  submission  of  the  proposition  to  the  taxpayer,  and 
published  for  thirty  (30)  days  as  aforesaid,  or  for  a  greater 
amount  than  therein  mentioned ;  nor  shall  such  bonds  be  issued 
for  any  other  purpose  than  for  constructing,  improving  and 
maintaining  public  roads  and  highways,  paving  and  improving 
streets,  roads  and  alleys,  purchasing  or  constructing  systems  of 
waterworks,  sewerage,  drainage,  navigation,  lights,  public  parks 
and  buildings,  together  with  all  necessary  equipments  and  fur- 
nishing, bridges  and  other  works  of  public  improvement,  the 
title  to  which  shall  rest  in  the  subdivision  creating  the  debt,  as 
the  case  may  be;  nor  shall  such  bonds  run  for  a  longer  period 
than  forty  years  (40)  from  their  date  or  bear  a  greater  rate  of 
interest  than  five  per  cent  (5)  per  annum,  or  be  sold  for  less 
.than  par.  The  total  issue  of  bonds  by  any  subdivision  for  all 
purposes  shall  never  exceed  ten  per  centum  (10)  of  the  as- 
sessed valuation  of  the  property  in  such  subdivisions. 


11 

Municipal  councils  shall  have  authority  to  create  within  their 
respective  limits  one  or  more  sewerage  districts;  and  nothing 
herein  contained  shall  prevent  drainage  districts  from  being 
established  under  the  laws  of  this  State  shall,  in  addition  to  the 
powers  hereinabove  granted,  have  the  further  power  and  au- 
thority to  levy  and  *  assess  annual  contributions  or  acreage  taxes 
on  all  lands  situated  in  such  districts,  for  the  purpose  of  pro- 
viding and  maintaining  drainage  systems,  not  exceeding  fifty 
(50)  cents  per  acre  for  a  period  not  exceeding  forty  (40)  years, 
when  authorized  to  do  so  by  a  majority  in  number  and  amount 
of  the  property  taxpayers  of  said  district,  qualified  to  vote  un- 
der the  Constitution  and  laws  of  this  State,  who  vote  at  an 
election  held  for  that  purpose  and  in  the  manner  provided  in 
the  first  part  of  this  Article,  and  said  drainage  districts,  through 
the  Boards  of  Commissioners  thereof,  when  authorized  as  here- 
inabove provided,  "may  incur  debt  and  issue  negotiable  bonds 
therefor,  payable  in  principal  and  interest  out  of  and  not  to  ex- 
ceed in  principal  and  interest,  the  aggregate  amount  to  be 
raised  by  said  annual  contributions  or  acreage  taxes  during  the 
period  for  which  the  same  are  levied.  No  such  drainage  bonds 
shall  be  issued  for  any  other  purpose  than  that  for  which  said 
contributions  or  acreage  taxes  were  voted  or  run  for  a  longer 
period  than  forty  (40)  years  from  their  date  or  bear  a  greater 
rate  of  interest  than  five  (5)  per  cent  per  annum  or  be  sold  for 
less  than  par. 

When  the  character  of  any  land  is  such  that  it  must  be 
levied  and  pumped  in  order  to  be  drained  and  reclaimed,  the 
Board  of  Drainage  Commissioners  of  the  district  in  which  the 
land  is  situated,  shall,  upon  the  petition  of  not  less  than  a  ma- 
jority in  acreage  of  the  property  taxpayers,  resident  and  non- 
resident, in  the  area  to  be  affected,  ascertain  the  cost  of  drain- 
age and  reclaiming  said  land  and  incur  debt  against  said  land 
for  an  amount  sufficient  to  drain  and  reclaim  it,  and  issue  for 
said  debt  negotiable  bonds  running  not  longer  than  forty  (40) 
years  from  their  date  and  bearing  interest  at  a  rate  not  ex- 
ceeding five  (5)  per  centum  per  annum,  payable  annually  or 
semi-annually,  which  bonds  shall  not  be  sold  for  less  than  par; 
and  said  Board  of  Drainage  Commissioners  shall  levy  annually 
upon  said  land  forced  contributions  or  acreage  taxes  in  an 
amount  sufficient  to  maintain  the  drainage  of  said  land  and  to 


32 

pay  the  interest,  annually  or  semi-annually,  and  the  principal 
falling  due  each  year,  or  such  amount  as  may  be  required  for 
any  sinking  fund  provided  for  the  payment  of  said  bonds  at 
maturity;  provided,  that  such  forced  contribution  or  acreage 
taxes,  for  all  purposes  shall  never  exceed  Three  Dollars  and 
Fifty  Cents  ($3.50)  per  acre  per  annum. 

The  police  juries  of  the  various  parishes  throughout  the 
State,  for  the  purpose  of  constructing  highways  and  public 
buildings  for  the  parish,  and  the  governing  authorities  of  mu- 
nicipal corporations,  for  the  purpose  of  paving  or  improving 
streets  or  alleys,  or  for  other  municipal  improvements,  after 
making  provision  for  the  payments  of  all  statutory  and  ordi- 
nary charges,  may  fund  into  bonds  running  for  a  period  not  ex- 
ceeding ten  (10)  years,  and  bearing  interest  at  a  rate  not  ex- 
ceeding five  (5  )per  centum  per  annum,  which  bonds  shall  not 
be  sold  for  less  than  par,  the  avails  of  the  residue  of  the  ten 
(10)  mill  tax  authorized  by  Article  232  of  the  Constitution  of 
Louisiana. ' ' 

22-b.    (Three- Mill  Tax  for  Support  of  Schools.     Act  257  of  1910.) 

The  police  juries  of  the  several  parishes  and  boards  of  trus- 
tees and  municipal  councils  of  incorporated  cities  and  towns 
(the  Parish  of  Orleans  excepted)  shall  levy,  collect  and  turn 
over  to  the  parish  school  boards  of  their  respective  parishes  for 
the  support  of  the  public  schools  of  their  respective  parishes, 
cities  or  towns,  the  proceeds  of  at  least  three  mills  of  the  annual 
tax  which  they  are  empowered  to  levy  on  each  dollar  of  the 
assessed  valuation  of  the  property  thereof;  provided  that  cities 
and  towns  that  are  not  exempted  by  the  terms  of  their  charters 
from  the  payment  of  parish  taxes  and  which  are  subjected  to 
the  similar  burdens  of  taxation  as  are  the  parishes  shall  not  p?«y 
this  tax,  as  same  is  included  in  the  taxes  imposed  by  the  psrisK 
in  which  the  town  is  situated,  "unless  the  parish  boards  of 
school  directors  of  that  parish  certify  that  the  needs  of  the 
schools  can  be  met  by  a  smaller  levy  of  such  taxes." 


13 

ACTS  OF   THE    GENERAL   ASSEMBLY    OF  THE    STATE 
OF  LOUISIANA  RELATING  TO  PUBLIC  EDUCATION. 


23.  (State  Board  of  Education  and  General  Provisions,  S.  1,  A.  214,  '02.) 

The  Governor,  Superintendent  of  Public  Education  and  the 
Attorney  General,  together  with  seven  citizens  appointed  by  the 
Governor,  one  from  each  Congressional  District  of  the  State, 
shall  be  a  body  politic  and  corporate  by  the  name  and  style  of 
the  Board  of  Education  for  the  State  of  Louisiana,  with  author- 
ity to  sue  and  defend  suits  in  all  matters  relating  to  the  public 
schools.  The  above  specified  seven  citizens  shall  receive,  as  com- 
pensation for  their  services  in  attending  the  meetings  of  the 
board,  their  actual  traveling  expenses  and  per  diem  for  the  num- 
ber of  days  that  the  board  is  in  session,  the  same  as  members  of 
the  State  Legislature,  payable  on  their  warrants,  approved  by 
the  president  and  secretary  of  the  board,  out  of  the  current 
school  fund. 

24.  (Officers;   Salaries;   Time  of   Meeting;    Publication  of  Minutes,  S.  2, 

Act  167,  '04.) 

The  Governor  shall  be  ex-officio  President,  and  the  State 
Superintendent,  Secretary.  The  State  Superintendent  shall  be 
authorized  to  appoint  an  assistant  secretary,  whose  salary  shall 
not  exceed  twelve  hundred  dollars  ($1.200)  a  year,  to  be  fixed 
by  the  Board,  payable  monthly  on  the  warrant  of  the  State 
Superintendent  of  Public  Education.  The  Board  shall  meet 
on  or  before  the  first  Monday  in  December  of  each  year,  and  at 
other  times  when  called  by  the  State  Superintendent  of  Public 
Education.  The  acts  of  the  Board  shall  be  attested  by  the  signa- 
tures of  the  President  and  Secretary  of  the  Board.  All  papers, 
documents,  and  records  appertaining  to  the  Board  shall  be  filed 
by  the  Secretary  in  the  office  of  the  State  Superintendent  of 
Public  Education.  The  State  Superintendent  may  publish,  if 
he  sees  fit,  or  at  the  request  of  the  Board,  the  proceedings  of 
the  State  Board  of  Education  in  the  official  journal  of  the  State, 
or  in  an  official  pamphlet. 

25.  (May  Require  Reports  of  Parish  Superintendents,  S.  4,  A.  214,  '02.) 

The  State  Board  of  Education  may  require  reports  to  be 
made  by  the  parish  superintendent  whenever  the  interest  of  the 


14 

common  schools  indicates  the  necessity  of  other  reports  than 
now  required. 

26.    (Uniformity  of  Text- Books,  S.  3,  A.  214,  '02,  amended  by  A.  231,  '08, 
amended  by  A.  39,  MO.) 

The  Governor,  by  and  with  the  consent  of  the  Senate  shall 
select  and  appoint  seven  educators  of  known  character  and  abil- 
ity in  their  profession,  each  of  whom  shall  hold  parish  superin- 
tendent's eligibility  certificates,  a  first  grade  teacher's  certificate, 
or  the  equivalent,  one  to  be  selected  from  each  of  the  seven  Con- 
gressional Districts,  who,  together  with  the  State  Superintendent 
of  Public  Education,  shall  constitute  the  State  Text-Book  Com- 
mittee. 

26-b.    (Compensation  of  Members.) 

Sec.  2.  The  State  Superintendent  of  Public  Education  shall 
be  ex-officio  chairman  and  shall  serve  on  the  committee  without 
compensation,  and  the  other  members  of  said  committee  shall 
be  paid  the  sum  of  five  dollars  ($5)  per  diem  during  the  time 
they  are  actually  away  from  their  homes  on  the  business  of  said 
committee,  and  their  actual  traveling  expenses  in  going  to  and 
from  the  place  of  meeting,  upon  warrants  drawn  by  the  State 
Superintendent  of  Education  and  approved  by  the  Governor, 
provided  that  they  shall  not  be  paid  for  more  than  twenty  days' 
service  in  any  adoption.  The  term  of  office  of  the  members  of 
the  said  committee  appointed  by  the  Governor  shall  be  six  years. 
Five  members  of  the  said  committee  shall  constitute  a  quorum 
for  the  transaction  of  business. 

26-c.    (To  Determine  Books  Giving  Satisfaction.) 

Sec.  3.  It  shall  be  the  duty  of  the  said  committee  to  examine 
the  merits  of  new  public  school  books  as  they  come  from  the 
press  and  determine  in  every  way  whether  the  books  that  are  in 
use  in  the  public  schools  of  the  State  are  giving  satisfaction. 

26-d.    (Qualification  and  Oath.) 

Sec.  4.  The  members  of  the  said  committee  shall  qualify 
within  thirty  days  after  their  appointment.  Each  member 
thereof  shall  take  and  subscribe  to  an  oath  to  faithfully  dis- 
charge all  the  duties  devolving  upon  him  as  a  member  of  said 
committee;  that  he  is  not  interested,  directly  or  indirectly  in 


15 

any  contract  that  may  be  made  between  the  publisher  or  pub- 
lishers of  any  text-book  or  text-books  submitted  for  adoption; 
that  he  will  examine  carefully  all  books  submitted  for  adoption, 
and  will,  to  the  best  of  his  ability,  make  the  wisest  recommenda- 
tions possible  of  any  and  all  books  to  be  used  in  the  public 
schools  of  the  State.  At  the  first  meeting  of  the  said  committee, 
they  shall  organize  by  selecting  a  secretary  from  among  their 
number,  and  he  shall  not  receive  any  additional  compensation. 

26-e.     (Meetings;    Reports.) 

Sec.  5.  The  said  committee  shall  meet  in  the  office  of  the 
State  Superintendent  of  Education  on  the  second  Monday  in 
January  of  the  year  in  which  the  adoption  of  text-books  is  to  be 
made  by  the  State  Board  of  Education ;  that  they  shall  sit  as  a 
committee  to  examine  all  text-books  submitted,  and  in  making 
such  examination  said  committee  shall  take  into  consideration 
the  adaptability  of  said  books  to  the  needs  of  the  schools  of  the 
State,  their  size,  mechanical  qualities,  such  as  binding,  type, 
printing,  paper,  etc. ;  illustrative  material,  quality  and  arrange- 
ment of  subject  matter.  Said  committee  shall  compile  and  com- 
plete their  report  to  the  State  Board  of  Education  on  or  before 
the  first  Monday  in  March;  said  report  shall  be  filed  with  the 
State  Superintendent  of  Education  who  shall  cause  same  to  be 
given  to  the  press  of  the  State  and  a  copy  thereof  to  be  for- 
warded to  the  Parish  Boards  of  School  Directors  for  the  several 
Parishes.  For  the  purpose  of  considering  the  report  of  said 
committee  and  the  adoption  of  text-books  for  use  in  the  public 
schools,  the  State  Board  of  Education  shall  meet  the  second  Mon- 
day in  April  of  each  year  in  which  an  adoption  is  made. 

26-f.     (Elementary  Books;    How  and  When  Adopted.) 

Sec.  6.  The  adoption  of  elementary  text-books  and  high 
school  books  shall  be  made  in  periods  of  three  years  apart,  and, 
for  the  purpose  of  carrying  out  this  provision  the  first  adoption 
of  high  school  text-books  shall  be  made  in  the  year  1913  and  the 
first  adoption  of  elementary  text-books  shall  be  made  in  the  year 
1916.  In  order  that  this  provision  providing  for  the  adoption 
of  elementary  text-books  may  be  carried  out,  the  Governor  of 
the  State  is  hereby  authorized  to  extend  the  present  contracts  of 
elementary  text-books  for  three  years. 


16 

26-g.    (Subjects;    Classification.) 

Sec.  7.  Said  committee  in  its  final  report  to  the  State  Board 
of  Education  shall  be  required  to  classify  all  books  examined 
into  three  classes,  designated  in  the  order  of  merit  by  first,  sec- 
ond, and  third,  as  follows: 

Elementary  Text-Books :  Spelling,  Reading,  including 
Primer;  Language  Books;  Louisiana  History;  United  States 
History;  Arithmetic,  Written  and  Mental ;  Geography;  Physiol- 
ogy; Agriculture;  Music;  Writing;  Drawing;  Civics. 

High  School  Text-Books :  English,  including  spelling ;  Eng- 
lish Grammar ;  English  Classics ;  Composition  and  Rhetoric ; 
English  and  American  Literature;  History,  including  United 
States  History,  Ancient,  Mediasval  and  Modern,  English  and 
Industrial  History;  Civics  and  Economics;  Mathematics,  in- 
cluding Arithmetic,  Written  and  Mental,  Algebra,  Plane  and 
Solid  Geometry;  Trigonometry;  Science,  including  Physiology, 
Physics,  Chemistry,  Botany,  Zoology,  and  Agriculture;  Music; 
Drawing;  Commercial  subjects,  including  Bookkeeping,  Stenog- 
raphy, Typewriting,  Business  Law  and  Geography ;  Latin ;  First 
Year  Latin,  Caesar,  Cicero,  Latin  Grammar,  and  Latin  Com- 
position; French;  Elementary  Course;  Grammar,  Prose  com- 
position, Intermediate  course  and  Advanced  course;  German; 
elementary  course,  Grammar,  Prose  composition,  Intermediate 
Course  and  Advanced  Course. 

Said  committee  may  also  recommend  for  adoption  library 
and  reference  books  for  use  in  the  public  schools  and  a  series 
of  books  for  optional  supplementary  use  in  all  schools  that  may 
feel  the  need  of  more  material  than  is  contained  in  the  regular 
text-books,  but  said  library,  reference  and  supplementary  books 
shall  not  be  used  to  the  exclusion  of  the  regular  texts. 

26-h.    (Uniformity;   Period  of  Adoption;    Limitation  as  to  Changes.) 

Sec.  8.  The  State  Board  of  Education  shall  adopt  a  uniform 
series  of  text-books  for  six  years  and  shall  be  limited  in  such 
adoption  to  those  recommended  by  the  Text-Book  Committee. 
Not  more  than  three  subjects  or  parts  of  subjects  of  the  ele- 
mentary grades  and  not  more  than  two  of  the  following  high 
school  subjects  can  be  changed  at  any  one  adoption,  to-wit: 
Algebra,  English  Grammar,  Composition  and  Rhetoric,  Botany, 
Zoology,  Chemistry,  Geometry,  American  History,  Ancient  His- 


17 

tory,  Mediaeval  and  Modern  History,  and  of  the  remaining  high 
school  subjects  not  more  than  five  can  be  changed  at  any  one 
adoption,  provided  that  any  text-book  used  in  the  schools  of  this 
State  may  be  changed  at  any  time  upon  the  written  application 
of  forty  parish  school  boards,  as  per  resolution  of  said  boards 
duly  certified  to  the  State  Board  of  Education;  and  all  con- 
tracts for  the  adoption  of  text-books  for  use  in  the  public  schools 
shall  cover  a  period  of  six  years.  The  State  Board  of  Education 
shall  strictly  enforce  a  uniformity  of  all  text-books  in  all  public 
schools  during  the  term  of  such  contract. 

26-i.    (Details   Left  to  State  Board.) 

Sec.  9.  The  mode  of  procedure  for  the  announcement  of 
bids,  awarding  of  contracts,  location  of  depositories  for  the  dis- 
tribution of  school  text-books  shall  be  left  to  the  State  Board 
of  Education. 

27.  (State  and   Parish   Boards  Exempt  From   Furnishing   Bonds  in  Suit, 

S.  4,  A.  82,  73.) 

In  all  judicial  proceedings  where,  by  law,  bond  and  security 
are  required  from  litigants,  the  State  Board  of  Education  shall 
be  dispensed  from  furnishing  bond  or  security ;  and  in  all  suits 
in  which  the  State  or  Parish  board  of  education  may  be  plain- 
tiffs, defendants,  intervenors,  garnishees,  or  interested  in  any 
manner  whatsoever,  it  shall  be  the  duty  of  the  court  before 
whom  such  suits  are  pending,  on  the  affidavit  of  the  attorney  rep- 
resenting the  State  or  parish  board  of  education,  if  the  case  is 
one  of  serious  public  interest  and  in  which  a  speedy  decision  is 
desirable,  to  set  the  cause  for  trial  by  preference,  and  all  such 
cases  may  also  be  fixed  for  trial  as  early  as  possible  on  motion 
or  petition  of  the  attorney  of  the  State  or  parish  board  of  edu- 
cation. 

28.  (Accepting    and    Regulating    Donations,   Act    158,   '04.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  the  Board  of  Education  for  the  State 
of  Louisiana ;  the  Board  of  Directors  of  the  public  schools  of  each 
and  every  parish  in  the  State,  the  Parish  of  Orelans  included, 
shall  have  the  power  to  accept  and  administer  donations  mortis 
causa  or  inter  vivos  for  any  educational  or  literary  purpose 
whatsoever,  and  it  shall  be  lawful  for  any  one  to  make  such  a 
donation  of  any  description  of  property,  and  to  any  amount  to 
any  one  or  more  of  such  boards. 


38 

29-  Sec.  2.     Be  it  further  enacted,  etc.,  That  the  donor  shall 
have  the  right  to  prescribe  the  manner  in  which  the  property 
shall  be  administered,  and  the  objects  to  which  it  or  any  part 
thereof,  or  the  revenues  thereof,  shall  be  applied ;  provided,  how- 
ever, that  property  donated,  cannot  be  made  inalienable,  but 
the  donor  thereof  shall  have  the  right  to  prescribe  in  what  man- 
ner, and  under  what  circumstances,  the  donees  shall  be   em- 
powered to  sell  the  same,  or  any  portion  thereof,  or  to  change 
any  investments  once  made. 

30-  Sec.  3.     Be  it  further  enacted,   etc.,   That  said  Board  or 
Boards  shall  administer  the  property  entrusted  to  them  in  con- 
formity with  the  directions  contained  in  the  act  of  donation, 
and  shall  have  all  the  powers  needed  in  such  administration,  but 
cannot  mortgage  nor  encumber  the  donated  property,   except 
as  may  be  prescribed  in  the  act  of  donation.     The  said  Board 
or  Boards  shall  be  entitled  to  no  remuneration  for  their  services, 
unless  expressly  granted  in  the  act  of  donation. 

31  •  Sec.  4.  Be  it  further  enacted,  etc.,  That  the  provisions  of 
the  laws  of  this  State,  relative  to  substitutions  fidei  commissa 
and  trusts  shall  not  be  deemed  to  apply  or  affect  donations  made 
for  the  purposes  and  in  the  manner  provided  in  this  act,  and  all 
laws  or  parts  of  laws  conflicting  with  the  provisions  of  this  act 
be,  and  the  same  are  hereby  repealed  insofar  as  regards  the 
purposes  of  this  act,  but  not  otherwise. 

32.    (Reports  of  State  and  Parish  Boards  and  Officers,  S  1,  A.  36,  '94.) 

In  addition  to  the  biennial  reports  now  required  by  law 
from  State  and  district  boards,  the  State  and  district  officers, 
or  other  persons  receiving  or  disbursing  State  or  district  funds, 
said  boards,  officers  and  persons  shall  render,  in  writing,  to  the 
State  Auditor,  semi-annual  itemized  detailed  reports,  which  in 
case  of  the  report  of  a  board  or  its  representatives,  shall  be 
signed  by  the  president  and  secretary  of  the  board,  showing  the 
several  sums  received  and  from  what  source,  and  the  several 
sums  disbursed  and  for  what  purpose  and  to  whom  paid,  the 
said  reports  to  be  made  on  or  before  the  first  days  of  June  or 
December  of  each  year;  and  in  the  event  of  the  failure  so  to 
do  on  the  part  of  any  board  or  district  officer  or  other  person 
above  named,  the  Auditor  shall  report  the  delinquency  to  the 
Governor  within  fifteen  days  after  said  failure,  who  shall  be 


19 

authorized  thereupon  to  remove  from  office  the  members  of 
said  board,  or  district  officer  or  other  person  as  for  cause,  unless 
it  may  be  made  to  appear,  to  the  satisfaction  of  the  Governor, 
that  said  failure  or  delinquency  occurred  from  unavoidable  or 
excusable  causes. 

33.  (Statements  of  Accounts  by  Officers,  S.  2,  A.  36,  '94.) 

All  parish  boards  and  parish  officers  having  in  charge  the 
reception  of,  or  disbursement  of,  public  funds  shall  make  semi- 
annual itemized,  detailed  accounts  as  required  above  to  the 
clerk  of  court  of  the  respective  parishes,  under  the  forms,  con- 
ditions and  penalties  enumerated  in  Section  16  of  this  act. 

34.  (Penalties  for  Non-Compliance,  S.  3,  A.  36,  '94.) 

In  case  any  salaried  officer  of  the  State  failing  to  file  with 
the  Auditor  of  Public  Accounts  semi-annual  itemized,  detailed 
accounts,  as  provided  in  the  sixteenth  section  of  this  act  the 
Auditor  shall,  within  fifteen  days  thereafter,  furnish  to  the 
Treasurer  of  the  State,  a  certificate  to  that  effect  and  thereafter 
it  shall  be  illegal  for  the  Auditor  to  audit  any  warrant  of  said 
officer  for  salary,  or  the  Treasurer  to  pay  the  same,  until  such 
time  as  the  delinquent  officer  shall  have  complied  with  the  fore- 
going provisions. 

35-a.  (Parish  Board;  Election  of  President.  Act  49,  '08,  amending  and 
re-enacting  S.  8,  A.  167,  '04,  amending  and  re-enacting  SS.  2, 
8,  9,  19,  35,  44,  47  and  73  of  A.  214,  '02.) 

The  Board  of  School  Directors  in  each  parish  shall  elect  from 
among  its  number  a  president. 

35-b.  (Appointment  of  Parish  Superintendent;  Eligibility;  Nominates 
Teachers.) 

Each  Board  shall  elect  or  appoint  for  a  term  of  four  years 
(see  35-f)  a  parish  superintendent  who  shall  be  ex-offiio  secre- 
tary of  the  Board,  and  who  shall  nominate  all  teachers  to  be 
employed  in  the  public  schools  of  the  parish.  He  shall  be  a 
man  of  high  moral  character,  and  a  practical  educator.  Before 
any  person  may  be  eligible  to  appointment  as  parish  superin- 
tendent he  shall  hold  a  certificate  of  eligibility  issued  by  the 
State  Board  of  Education  which  certificate  shall  be  revocable 
by  the  State  Board  of  Education  if  at  any  time  the  parish  super- 
intendent should  be  found  incompetent,  inefficient,  or  unworthy. 
When  such  certificate  is  revoked  the  office  of  parish  superin- 
tendent by  such  act  is  declared  vacant. 


20 

35-c.    (Visiting  Trustees   May   Be  Appointed;    Duties.) 

Each  parish  board  is  authorized  to  appoint,  at  its  discre- 
tion, auxiliary  visiting  trustees  for  each  ward  or  school  district, 
or  school  in  the  parish;  such  trustees  shall  make  quarterly 
reports  to  the  parish  board  of  the  actual  condition  of  the  schools, 
and  shall  make  needful  suggestions  in  all  matters  relating  to 
the  schools  they  have  in  charge  as  trustees. 

35-d.    (Duty  of  Parish   Board.) 

The  Parish  Board  of  Directors  shall  report  to  the  State 
Board  of  Education  all  deficiencies  in  the  schools,  or  neglect 
of  duty  on  the  part  of  teachers,  superintendent,  or  other  officer. 
The  members  of  the  Parish  Board  shall  visit  and  examine  the 
schools  in  the  several  school  districts  of  the  parish  from  time  to 
time,  and  they  shall  meet  and  advise  with  the  trustees  when  occa- 
sion requires,  if  auxiliary  trustees  be  appointed  by  the  Parish 
Board. 

35-e.    (Miscellaneous   Duties,  etc.) 

Upon  the  recommendation  of  the  superintendent  the  Parish 
Board  shall  determine  the  number  of  schools  to  be  opened,  the 
location  of  the  schoolhouses,  the  number  of  teachers  to  be  em- 
ployed, and  their  salaries ;  and  the  School  Board  is  entrusted 
with  seeing  that  the  provisions  of  the  State  school  laws  are 
complied  with.  Each  Parish  Board  shall  make  such  rules  and 
by-laws  for  its  own  government,  not  inconsistent  with  the  State 
school  law,  as  it  deems  proper.  The  regular  meeting  of  each 
Parish  Board  shall  be  held  on  the  first  Saturday  of  January, 
April,  July,  and  October,  and  it  may  hold  such  special  or  ad- 
journed meetings  as  the  Board  may  determine  or  as  occasion 
may  require.  Each  Parish  School  Board  shall  exercise  proper 
vigilance  in  securing  for  the  schools  of  the  parish  all  funds  des- 
tined for  the  support  of  the  schools,  including  the  State  funds 
apportioned  thereto,  the  poll  tax  collectible,  and  all  other  funds. 
The  secretary  shall  keep  a  record  of  all  transactions  and  pro- 
ceedings of  the  Board.  The  Parish  School  Board  may  receive 
land  by  purchase  or  donation  for  the  purpose  of  erecting  school- 
houses,  provide  for  and  secure  the  erection  of  the  same,  con- 
struct such  outbuildings  and  enclosures  as  shall  be  conducive 
to  the  protection  of  property  and  upon  the  recommendation  of 
the  parish  superintendent  make  repairs  and  provide  the  neces- 


21 

sary  furniture,  equipment,  and  apparatus.  All  contracts  for  im- 
provements shall  be  awarded  to  the  lowest  responsible  bidder, 
the  Board  reserving  the  right  to  reject  any  and  all  bids.  The 
Parish  Board  shall  have  power  to  recover  for  any  damages  that 
may  be  done  to  the  property  in  its  charge.  Upon  the  recom- 
mendation of  the  parish  superintendent,  the  Parish  Board  may, 
by  a  two-thirds  vote  of  the  whole  board,  after  due  notice,  change 
the  location  of  the  schoolhouse,  sell  or  dispose  of  the  old  site, 
and  use  the  proceeds  thereof  toward  a  new  one. 

35-f.    (Parish  Superintendent;    When  and   How  Elected;   Term  of  Office, 
A.  117  of  1910.) 

Section  1.  The  several  parish  school  boards  throughout  the 
State  shall,  in  July  after  their  election  in  1912,  meet  and  elect 
or  appoint  a  superintendent  of  public  schools  for  their  parish, 
which  superintendent  shall  have  the  qualifications  as  provided 
by  law  and  who  shall  hold  his  office  for  four  years  and  until  his 
successor  shall  have  been  elected  or  appointed  and  qualified. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  the  several  super- 
intendents throughout  the  State  now  holding  office  shall  hold 
their  office  until  their  successors  shall  have  been  appointed  or 
elected  as  provided  in  Section  One  of  this  Act. 

36.  (Removal  of  Members  School   Board,  S.  6,  A.  214,  '02.) 

For  incompetency,  neglect  of  duty,  or  malfeasance  in  office, 
the  Governor  may  remove  a  member  or  members  of  the  parish 
boards  of  school  directors,  subject  to  the  ratification  of  the  State 
Board  of  Education.  (See  decision  Supreme  Court,  124  A.) 

37.  (Restrictions  on  Contracts  and  Debts,  S.  73,  A.  81,  '88.) 

That  the  different  boards  of  directors  shall  not  be  empow- 
ered to  make  contracts  or  debts  for  any  one  year  greater  than 
the  amount  of  revenue  provided  for  according  to  this  act,  it 
being  the  intent  thereof  that  parties  contracting  with  said  board 
shall  take  heed  that  due  revenue  shall  have  been  provided  to 
satisfy  the  claim,  otherwise  they  may  lose  and  forfeit  the  same, 
and  no  action  or  execution  shall  be  allowed  in  aid  thereof,  and 
that  the  board  shall  not  exceed  their  powers  in  incurring  the 
debt. 


22 

38.  (Election  of  Parish   School    Boards,   S.   1,  A.  60,  '06.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  there  shall  be  elected  by  the  qualified  voters  of  each 
police  jury  ward  of  the  several  parishes  of  the  State  a  mem- 
ber of  the  Parish  School  Board  for  each  police  member  in  said 
ward,  and  in  the  Parish  of  Orleans  the  Parish  School  Board 
shall  consist  of  seventeen  members,  being  one  from  each  ward  in 
said  parish,  who  shall  be  elected  by  the  qualified  voters  of  each 
ward.  That  the  first  election  above  provided  for  shall  take  place 
at  the  same  time  as  the  congressional  election  in  1908,  and  every 
four  years  thereafter.  That  such  members  of  the  Parish  School 
Board  as  may  be  elected  as  above  provided  for  shall  hold  their 
office  for  four  years,  when  their  successors  shall  be  elected. 

39.  (Compensation  of  School  Directors,  S.  2,  A.  60,  '06.) 

Be  it  further  enacted,  etc.,  That  the  compensation  of  said 
members  of  the  school  board  is  hereby  fixed  at  three  dollars  for 
each  day  that  he  may  be  required  to  attend  the  meetings  of 
the  board,  and  five  cents  a  mile  for  each  mile  he  may  travel  to 
and  from  the  meetings  of  said  board.  Provided,  that  in  the 
Parish  of  Orleans  no  compensation  at  all  shall  be  paid  any  mem- 
ber of  said  board. 

40.  (Extending   Term   of  Old    Board   Until    New    Board    Is    Elected,  S.  3, 

A.  60,  '06.) 

Be  it  further  enacted,  etc.,  That  the  Parish  School  Boards  as 
now  constituted  shall  hold  their  office  until  their  successors  shall 
have  been  eelcted  as  provided  for  in  Section  1  of  this  act. 

41.  (Three  Qualifications  for  Parish  School   Director,  S.  4,  A.  60,  '06.) 

Be  it  further  enacted,  etc.,  That  the  qualifications  of  a  person 
to  be  a  member  of  a  school  board  under  this  act  shall  be  that 
he  be  a  qualified  elector,  able  to  read  and  write,  and  own  and 
be  assessed  in  his  own  name  property  to  the  value  of  three  hun- 
dre  dollars. 

42.  (Attorney  of  Parish   Board,  S.  10,  A.  214,  '02.) 

The  District  Attorney  of  the  district  or  any  other  attorney 
selected  by  the  board,  shallact  as  counsel  for  the  parish  board. 

42-a.    (District    Attorneys    Shall    Advise   and    Represent    School    Boards 
in  All  Suits,  Act  96  of  1880.) 

Section  4.  Be  it  further  enacted,  etc.,  That  the  several  dis- 
trict attorneys  in  this  State  (the  Parish  of  Orleans  excepted) 


23 

shall  advise  the  police  juries  and  parish  school  boards  upon  due 
application  made,  and  shall  represent  them  in  all  suits. 

Section  5.  Be  it  further  enacted,  etc.,  That  the  district  attor- 
neys of  this  State  (the  Parish  of  Orleans  except ed)  shall  receive 
a  commission  of  five  (5)  per  cent  on  all  amounts  they  may  col- 
lect in  any  suit  in  favor  of  the  State,  parish  or  school  boards,  and 
the  commissions,  as  now  allowed  by  law,  for  collections  on  for- 
feited bonds.  (A.  96  of  1880.) 

(The  Attorney  General  on  Compensation  of  District  Attorney.) 

"With  reference  to  the  question  as  to  whether  the  district 
attorney  of  Lafayette  can  'collect  fifty  dollars  as  a  fee  from  the 
school  board  of  asid  parish  for  defending  a  suit  brought  by 
Doctor  Thomas  P.  Hopkins  for  the  recovery  of  a  certain  piece 
of  ground,  I  beg  to  say  that  I  know  of  no  law  authorizing  the 
district  attorney  to  collect  the  said  fee  if  the  suit  was  only  one 
testing  the  title  to  a  piece  of  property. 

For  the  law  with  reference  to  the  district  attorney's  fees, 
see  Act  96  of  1880,  Sees.  4  and  5 ;  and  Act  214  of  1902,  Sec.  10. 

If  the  district  attorney  obtained  no  money  judgment  against 
Doctor  Hopkins,  and  did  not  collect  any  such  money,  there  is  no 
fee  or  commissions  that  he  could  charge  in  the  case. 

In  an  opinion  given  to  Mr.  Charles  H.  O'Rourke,  Chief  In- 
spector of  Fertilizers,  in  1905,  Judge  Guion  said: 

**  'District  Attorneys  are  not  allowed  to  charge  the  State 
or  any  department  of  the  State  government  for  services  rendered 
in  defending  suits  or  in  bringing  suits,  except  in  cases  where 
the  amounts  are  collected,  in  which  event,  they  are  entitled  to 
five  per  cent  of  the  amount  so  collected.'  : 

43.  (Establishment  of  High  and  Graded  Schools;  Family  Assessment 
Limited  to  $1.50,  S.  11,  A.  214  of  1902,  as  amended  by  A.  272, 
1910.) 

The  Parish  School  Boards,  the  Parish  of  Orleans  excepted, 
shall  have  authority  to  establish  graded  schools,  and  to  adopt 
such  a  system  in  that  connection  as  may  be  necessary  to  assure 
their  success.  Central  or  high  schools  may  be  established  when 
necessary,  but  no  such  school  shall  be  established  unless  the 
amount  be  donated  for  the  site,  and  suitable  buildings  are  pro- 
vided for  without  any  expense  out  of  the  school  fund.  The 
School  Board  shall  have  authority  to  assess  and  collect  fifty 


24 

cents  per  annum  from  the  parent  or  guardian  of  each  child 
enrolled  in  the  public  schools  of  a  Parish  or  District,  to  be  col- 
lected in  such  manner  as  the  said  Board  shall  determine;  pro- 
vided that  no  parent  or  guardian  shall  be  required  to  pay  more 
than  one  dollar  and  fifty  cents.  The  amount  thus  collected  shall 
be  used  in  providing  for  the  necessary  fuel  and  other  comforts 
of  the  schools. 

44.  (Duties  President  Parish    Board,  S.  24,  A.  214,  '02.) 

The  president  of  the  parish  board  shall  preside  at  all  meet- 
ings of  the  board,  call  special  meetings  when  necessary,  advise 
with  and  assist  the  parish  superintendent  and  directors  in  pro- 
moting the  success  of  the  schools,  and  generally  do  and  perform 
all  other  acts  and  duties  pertaining  to  his  office  as  the  president 
of  the  board.  All  deeds  and  contracts  for  the  schools,  including 
those  with  teachers  shall  be  signed  by  him;  the  contracts  with 
teachers  shall  also  be  signed  by  the  parish  superintendent.  (See 
decision  on  president's  contracts.) 

45.  (Contracts  With  Sectarian  Schools  Prohibited,  S.  14,  A.  214,  '02.) 

The  parish  boards  of  directors  of  the  several  parishes  of  tnis 
State  are  prohibited  from  entering  into  any  contract,  agree- 
ment, understanding,  or  combination,  tacitly  or  expressly, 
directly  or  indirectly,  with  any  church,  monastic  or  other  relig- 
ious order  or  association  of  any  religious  sect  or  denomination 
whatsoever,  or  with  the  representatives  thereof,  for  the  purpose 
of  running  any  public  school  or  schools  of  this  State,  together 
or  in  connection  or  in  combination  with  any  private  or  paro- 
chial school,  or  other  institution  of  learning  which  may  be  under 
the  control,  authority,  supervision,  administration  or  manage- 
ment of  any  church,  monastic  or  other  religious  order  or  asso- 
ciation of  any  religious  sect  or  denomination  whatsoever. 

45-a.    (School  Boards  Bodies  Corporate,  S.  7,  A.  214, ''02.) 

The  several  boards  are  constituted  bodies  corporate,  with 
power  to  sue  and  be  sued  under  the  name  and  style  of  the 
"Parish  Board  of  Directors  of  the  Parish  of  -  — ,"  as  the 
case  may  be.  Citations  shall  be  served  on  the  President  of  the 
Board. 

46.  (Division   of   Parish    Into   Districts;    Records,  S.  15,  A.  214,  '02.) 

It  shall  be  the  duty  of  the  parish  board  with  the  parish 
superintendent  to  divide  the  parish  into  school  districts  of  such 


25 

proper  and  convenient  area  and  shape  as  will  best  accommodate 
the  children  of  the  parish.  The  parish  board  shall  as  soon  as 
practicable  proceed  to  the  work  imposed  upon  them,  and  upon 
the  completion  of  this  work  they  shall  make  a  report  to  the 
parish  superintendent,  which  report  shall  contain  the  boundary 
and  description  of  said  district,  designated  by  number.  The 
parish  superintendent  shall  record  the  same  in  a  well-bound 
book  kept  by  him  for  that  purpose,  which  book  shall  be  held  by 
the  parish  superintendent,  and  be  at  all  times  open  to  inspec- 
tion. Parish  boards,  if  they  deem  it  to  the  best  interest  of  the 
schools,  may  divide  the  parish  into  districts  without  reference 
to  the  wards  in  the  parish. 

47.    (School    Districts  in  Two  Adjoining   Parishes;    How  Laid   Off,  S.  16, 
A.  214,  '02.) 

The  parish  superintendents  of  two  adjoining  parishes,  where 
the  division  line  intersects  a  neighborhood  whose  convenience 
requires  it,  may  lay  off  a  district  composed  of  parts  of  both  of 
the  parishes.  Such  districts  shall  be  reported  by  the  superin- 
tendent, together  with  a  census  of  the  school  children  only  as 
belonging  to  the  parish  in  which  the  schoolhouse  may  be  sit- 
uated, and  reports  shall  be  made  by  the  assessor  and  parish 
superintendent  as  though  the  district  lay  entirely  in  the  parish. 

48     (Option   Which   District  School  Children  Shall  Attend,  S.  17,  A.  214, 
'02.) 

Where  two  school  districts  adjoin,  it  shall  be  lawful  for  the 
children  in  either  of  said  districts  to  be  taught  in  and  at  such 
schoolhouse  as  shall  be  most  convenient  to  them ;  provided,  that 
the  tuition  fee  shall  be  paid  to  the  district  in  which  they  are 
taught,  and  that  no  change  be  made  without  the  consent  of  the 
school  boards  of  the  respective  parishes. 

49.  (Enumeration   of   Educable  Youth,  S.   1,  A.  129,  '98.) 

The  assessors  of  all  parishes  of  the  State,  including  the  Board 
of  Assessors  of  the  Parish  of  Orleans,  shall  make  an  enumera- 
tion of  all  educable  children  in  the  State  before  July  1st,  1899, 
and  every  four  years  thereafter. 

50.  (Assessor's  Enumeration,  S.  2,  A.  129,  '98,  amended  by  Act  488,  '08.) 

It  shall  be  the  duty  of  Assessors  and  the  Board  of  Assessors 
of  the  Parish  of  Orleans  to  make  a  correct  enumeration  by  giv- 


26 

ing  the  name  of  the  educable  children,  between  the  ages  of  six 
and  eighteen  years  in  the  respective  parishes  and  wards  by 
race  and  sex. 

This  list  of  educable  children  shall  be  made  in  triplicate  form 
and  written  in  ink.  One  list  shall  be  furnished  to  the  Auditor 
of  Public  Accounts,  one  list  to  the  State  Board  of  Education, 
and  one  list  to  the  Board  of  School  Directors  of  the  parish  in 
which  the  enumeration  is  made.  The  said  Assessors  of  the  par- 
ishes shall  also  make  a  separate  correct  enumeration  of  the  blind 
and  deaf  and  dumb  children  between  the  ages  of  six  and  eighteen 
years  in  their  respective  parishes  by  wards,  giving  the  name,  race 
and  sex  of  said  children,  and  shall  furnish  to  the  State  Board 
of  Education  one  separate  list  of  said  blind  children  and  one 
separate  list  of  said  deaf  and  dumb  children. 

It  shall  be  the  duty  of  the  Assessors  and  the  Board  of  As- 
sessors of  the  Parish  of  Orleans  to  swear  to  the  correctness  of 
said  lists  before  a  competent  officer,  who  shall  attach  a  certificate 
thereof  on  each  list  before  filing  them. 

51.  (Assessor's  Pay  for  Enumemration,  S.  3,  A.  129,  '09.) 

The  Parish  Board  of  School  Directors  shall  pay  the  Assessors 
four  cents  for  the  enumeration  of  each  educable  child  in  their 
respective  parishes  on  the  approval  of  the  work  of  enumeration 
by  the  State  Board  of  Education,  which  shall  be  signified  to  the 
Parish  Boards  by  the  Secretary  of  State  Board  under  seal.  In 
the  event  the  State  Board  of  Education  for  any  cause  deems 
the  enumeration  made  incorrect  or  improperly  made  out,  it  shall 
have  the  power  and  authority  to  order  a  new  enumeration  in 
the  parishes  where  the  inaccuracies  are  found,  without  extra 
compensation. 

52.  (Assessor's  Blanks  to  Be  Furnished  by  Auditor,  S.  4,  A.  129,  '98.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to 
furnish  blank  forms  ruled  to  set  forth  the  required  names  of  the 
educable  children  by  wards,  with  the  race,  sex  and  age  of  the 
children,  to  the  Assessors  and  the  Board  of  the  Parish  of  Orleans. 

53.  (Penalty  for  Neglect,  S.  5,  A.  29,  '98.) 

In  case  of  willful  negligence  and  refusal  to  comply  with  the 
provisions  of  this  act,  the  Governor  shall  have  the  power  and 
authority  to  remove  any  assessor  or  member  of  the  Board  of 
Assessors  from  office  for  such  refusal  or  negligence. 


27 

54.     (Oath   and    Bond    Required,   Act   19  of   1878.) 

Section  1.  That  all  State,  district  and  parochial  officers  of 
this  State,  whether  elected  or  appointed,  shall  be  required,  within 
thirty  days  after  the  receipt  of  their  commission,  to  take  the 
oath  of  office  prescribed  by  law,  and  give  bond,  where  bond  is 
required,  and  cause  the  same  to  be  filed  in  the  proper  office  in 
the  manner  required  by  law. 

55«  Sec.  2.  That  the  failure  of  any  officer  to  comply  with  the 
requirements  of  Section  1  of  this  act,  within  .the  limitations 
therein  fixed,  shall  operate  a  vacancy  of  such  office  and  the 
Governor  shall  proceed  to  fill  said  office  by  appointment,  as  in 
other  cases  of  vacancy. 

56.  Sec.  3.     That  any  officer  of  this  State,  whether  State,  dis- 
trict or  parochial,  who  has  heretofore  been  elected  or  appointed 
to  office,  and  who  has  failed  to  take  the  oath  required  by  law, 
and  to  give  bond,  where  bond  is  required,  in  accordance  with 
existing  laws,  within  thirty  days  from  the  date  of  the  promul- 
gation of  this  act,  and  a  failure  to  comply  with  these  require- 
ments within  the  limitation  fixed,  shall  operate  a  vacation  of 
such  office,  and  the  Governor  shall  fill  the  appointment,  as  in 
other  cases  of  vacancy. 

57.  (Assessor's  Fee  for  Assessing  School  Taxes,  S.  1,  A.  213,  '08.) 

The  tax  assessors  of  each  parish  of  the  State  ****** 
shall  receive  as  an  annual  compensation  for  his  labors,  services 
and  duties  four  per  cent  (4  per  cent)  of  the  first  fifty  thousand 
dollars  ($50,000.00)  aggregate  amount  of  all  State,  parish  and 
poll  taxes  assessed,  and  two  per  cent  (2  per  cent)  on  any  excess 
over  fifty  thousand  dollars  ($50,000.00)  ;  provided  that  nothing 
herein  shall  be  so  construed  as  to  allow  assessors  more  than  two 
per  cent  on  special  school  taxes,  and  for  his  services,  duties  or 
labors  in  assessing  or  extending  on  the  rolls  any  and  all  levee 
taxes  the  sum  of  one  hundred  dollars  ($100),  except  where  the 
parish  for  which  the  assessor  is  elected  lies  in  more  than  one 
levee  district,  in  which  case  he  shall  receive  the  sum  of  two  per 
cent  (2  per  cent)  on  the  aggregate  amount  of  such  taxes;  pro- 
vided no  assessor  shall  receive  less  than  four  hundred  dollars 
($400)  in  any  parish  for  each  annual  assessment  of  State,  parish, 
poll  and  all  levee  taxes.  That  the  payment  of  this  compensation 
shall  be  distributed  between  the  State,  parish,  school  boards, 
cities  and  towns  and  other  taxing  district  or  division  in  propor- 
tion to  the  amount  received  by  each. 


28 

58.  (Powers  of  the  District  Board  in   Expropriations,  S.  1492,  R.  S.) 

When  land  shall  be  required  for  the  erection  of  a  schoolhouse 
or  for  enlarging  a  schoolhouse  lot,  and  the  owner  refuses  to  sell 
the  same  for  a  reasonable  compensation,  the  District  Board  of 
School  Directors  shall  have  the  power  to  select  and  possess  such 
sites  embracing  space  sufficiently  extensive  to  answer  the  pur- 
pose of  schoolhouse  and  ground. 

59.  (Expropriation    of    Property    for    Public    Schools;    For    Schoolhouse 

Sites,    Act   208    of    1906,    amending    and    re-enacting    Act   227    of 
1902.) 

Whenever  the  State  or  any  political  corporation  of  the  same, 
created  for  the  purpose  of  exercising  any  portion  of  the  govern- 
mental powers,  in  the  same,  or  the  board  of  administrators  or 
directors  of  any  charity  hospital,  or  any  board  of  school  directors 
thereof,  or  any  corporation  constituted  under  the  laws  of  this 
State  for  the  construction  of  railroads,  plank  roads,  turnpike 
roads,  or  canals  for  navigation,  or  for  the  construction  or  opera- 
tion of  water  works  or  sewerage  to  supply  the  public  with  water 
and  sewerage,  (or  for  the  piping  and  marketing  of  natural  gas  for 
the  purpose  of  supplying  the  public  with  natural  gas),  or  for  the 
purpose  of  transmitting  intelligence  by  magnetic  telegraph, 
cannot  agree  with  the  owner  of  the  land  which  may  be  wanted  for 
its  purchase,  it  shall  be  lawful  for  such  State  corporation,  board 
of  administrators,  directors  or  person  to  apply  by  petition  to 
the  district  court,  in  which  the  same  may  be  situated,  or  if  it 
extends  into  two  districts,  to  the  judge  of  the  district  court  in 
which  the  owner  resides,  and  if  the  owner  does  not  reside  in 
either  district,  to  either  of  the  district  courts,  describing  the  land 
necessary  for  the  purposes,  with  a  plan  of  the  same,  and  a  state- 
ment of  the  improvement  thereon,  if  any,  and  the  name  of  the 
owner  thereof,  if  known  at  present  in  the  State,  with  a  prayer 
that  the  land  be  adjudged  to  such  State,  corporation,  board  of 
administrators  or  directors  upon  payment  to  the  owner  of  all 
such  damages  as  he  may  sustain  in  consequence  of  the  expropria- 
tion of  said  land  for  such  public  works;  all  claims  for  lands  or 
damages  to  the  owner  caused  by  its  taking  or  expropriation  for 
such  public  work  shall  be  barred  by  two  (2)  years  prescrip- 
tion which  shall  commence  to  run  from  the  date  at  which  the 
land  was  actually  occupied  and  used  for  the  construction  of 
the  works. 


29 

Section  2.  Bt  it  further  enacted,  etc.,  That  all  the  existing 
laws  for  the  forms  and  processes  of  expropriation  of  property 
shall  be  applicable  to  the  said  act  and  section  thus  amended  and 
re-enacted. 

60.  (Relative  to  the  Value  of  the  Grounds,  S.  1493,  R.  S.) 

Should  such  landholder  deem  the  sum  assessed  too  small,  he 
shall  have  the  right  to  institute  suit  before  any  proper  judicial 
tribunal  for  his  claim;  but  the  title  shall  pass  from  him  to  the 
school  corporation. 

61.  (Penalty  for  Non- Performance  of  Duty,  S.  1300,  R.  S.) 

A  failure  on  the  part  of  any  district,  parish  or  State  officer 
to  perform  the  duty  imposed  upon  him  by  any  section  of  this 
act,  under  the  title,  " Education,"  and  in  the  manner  herein 
specified,  is  hereby  declared  a  misdemeanor  in  office.  Upon  con- 
viction thereof,  such  officer  shall  be  punished  by  a  fine  of  not  less 
than  fifty,  and  not  exceeding  one  hundred  dollars,  and  by  im- 
prisonment in  the  parish  prison  for  a  term  of  not  less  than 
thirty  days  and  not  exceeding  three  months.  All  prosecutions 
for  offenses  against  this  section  shall  have  precedence  over  all 
cases  before  any  justice  of  the  peace,  parish  or  district  court. 

62.  (Office,  Records,  Vacancy,  S.  26,  A.  214,  '02.) 

A  suitable  office  shall  be  provided  for  the  State  Superintend- 
ent of  Public  Education  at  the  seat  of  government,  in  which  he 
shall  file,  each  year  separately,  all  papers,  reports  and  public 
documents  transmitted  to  him  by  the  board  and  officers  whose 
duty  it  is  to  report  to  him,  and  hold  the  same  in  readiness  to 
be  examined  by  the  Governor  whenever  he  sees  proper,  and  by 
any  committee  appointed  by  the  General  Assembly ;  and  he  shall 
cause  to  be  kept  a  record  of  all  matters  appertaining  to  his 
office.  In  case  of  vacancy  in  the  office  of  Superintendent  of 
Public  Education,  the  Governor  shall  fill  the  vacancy  and  sub- 
mit the  name  of  the  appointee  to  the  Senate  for  its  confirma- 
tion at  the  first  session  held  after  the  appointment. 

62-a.    (Salaries,    Office    Expenses,    Clerk,    Porter,    S.   27,    A.   214,    '02,    as 
amended   by  A.  28  of  1908.) 

The  salary  of  the  Superintendent  of  Public  Education  shall 
be  five  thousand  dollars  per  annum,  besides  which  he  shall  be 
entitled  to  office  fixtures,  stationery,  books,  fuel  and  lights  and 


30 

everything  needed  to  carry  on  the  work  of  his  office.  He  shall 
have  authority  to  appoint  a  clerk  and  a  porter,  and  prescribe  the 
duties  of  each;  provided,  that  the  entire  expenses  of  his  office, 
including  salaries,  postage  and  incidentals,  shall  not  exceed  the 
specified  appropriation  therefor,  payable  in  monthly  install- 
ments, out  of  the  current  school  fund,  by  the  Treasurer  of  the 
State,  upon  warrants  of  the  State  Superintendent. 

63.  (Duties  and  Authority  of  the  State  Superintendent,  S.  28,  A.  214,  '02.) 

The  State  Superintendent  of  Public  Education  shall  have 
general  supervision  of  all  parish  school  boards  in  the  parishes, 
and  of  all  common,  high  and  normal  schools  of  the  State,  and 
shall  see  that  the  school  system  of  the  State  is  carried  properly 
into  effect.  He  shall  be  ex-officio  a  member  of  the  board  of 
supervisors  of  the  State  University  and  Agricultural  and  Mechan- 
ical College,  the  State  Normal  School,  the  State  Industrial  School 
at  Huston,  the  State  Industrial  School  at  Lafayette,  the  Institute 
for  the  Deaf  and  Dumb,  the  State  Institute  for  the  Blind,  the 
Southern  University,  and  of  all  other  institutions  of  learning 
under  the  control  of  the  State  or  aided  in  whole  or  in  part  by 
the  State. 

He  shall  visit  all  the  parishes  of  the  State  as  often  ac  prac- 
ticable, and  shall  give  due  notice  of  the  time  of  his  visit  to  the 
parish  superintendent,  whose  duty  it  shall  be  to  meet  and  confer 
with  the  State  Superintendent  on  all  matters  connected  with  the 
interests  of  the  public  schools  of  the  parish.  His  expenses  in- 
curred in  the  discharge  of  his  duty  shall  be  paid  out  of  the  cur- 
rent school  fund,  but  shall  not  exceed  the  amount  appropriated 
per  annum  for  the  purpose. 

64.  By  Act  163  of  1900,  the  State  Superintendent  is  a  member 
of  the  Board  of  Control  of  the  State  Biologic  Station. 

65.  (Accounts   Kept  by  State  Superintendent,  S.  29,  A.  214,  '02.) 

He  shall  keep  an  account  of  all  orders  drawn  or  countersigned 
by  him  on  the  Auditor,  of  all  returns  of  settlements,  and  make 
note  of  all  changes,  in  the  appointment  of  school  treasurers ; 
whenever  required  any  part  of  this  account  or  note  of  change 
shall  be  furnished  by  the  Auditor. 

66.  (Biennial    Report,  S.  30,  A.  214,  '02.) 

He  shall  biennially  on  or  before  the  meeting  of  the  General 
Assembly,  make  a  report  of  the  condition  and  progress  made 


31 

and  possible  improvements  to  be  made  in  the  public  schools;  the 
amount  and  condition  of  the  school  funds;  how  its  revenues 
during  the  two  previous  school  years  have  been  distributed;  the 
amount  collected  and  disbursed  for  public  school  purposes  from 
local  taxation,  or  from  any  other  source  of  revenue,  and  how 
the  same  was  expended. 

This  report  shall  contain  an  abstract  of  the  parish  and  city 
superintendents'  report.  He  shall  communicate  all  facts,  sta- 
tistics and  information  as  are  of  interest  to  the  public  schools. 
He  shall  cause  to  be  printed  a  sufficient  number  of  copies  for 
distribution  among  the  members  of  the  General  Assembly,  the 
State  officials,  parish  school  boards,  public  libraries,  and  super- 
intendents of  other  States  and  Territories,  and  to  meet  all  ex- 
changes of  educational  reports. 

67.  (Suggestions  to  be  Contained  in  Reports,  S.  31,  A.  214,  '02.) 

The  Superintendent  in  his  report  shall  set  forth  the  objects, 
and  make  suggestions  which  may  be  of  interest  and  promote  the 
success  of  all  the  institutions  of  learning  under  his  supervision. 
The  superintendents  of  these  institutions  shall  annually,  by  the 
first  of  March,  furnish  the  State  Superintendent  of  Public  Edu- 
cation such  statements  of  their  respective  institutions  as  may 
be  necessary  to  enable  him  to  make  a  full  and  satisfactory 
report. 

68.  (Copies   of  State  Superintendent's   Records  Admissible   in    Evidence, 

S.  32,  A.  214,  '02.) 

Certified  copies  of  records  and  papers  in  his  office  shall  in 
all  cases  be  evidence  as  admissible  as  the  original.  He  is  au- 
thorized to  make  copies,  when  requested  by  any  person  so  to 
do,  of  any  papers  deposited  or  filed  in  his  office,  and  of  any  act 
or  decision  made  by  him,  and  certify  the  same,  and  he  may 
demand  therefor  payment  at  the  rate  of  twenty-five  cents  per 
one  hundred  words. 

69.  (Reports  in  Certain  Cases;   Conventions,  S.  33,  A,  214,  '02.) 

It  is  made  the  duty  of  the  State  Superintendent  of  Public 
Education  to  report  to  the  State  Board  of  Education  all  neglect 
of  duty  or  any  improper  use  made  of  school  funds  whenever  it 
may  come  to  his  knowledge.  He  shall  hold  annually,  conven- 
tions in  the  several  institute  districts,  selecting  the  most  conve- 
nient and  accessible  points,  for  the  purpose  of  consultation,  ad- 


32 

vice  and  instruction  with  parish  superintendents  in  regard  to 
supervision  and  management  of  the  public  schools. 

70.    *(Decisions  and  Appeals,  S.  34,  A.  214,  '02.) 

The  State  Superintendent  shall  decide  all  controversies  or 
disputes  that  may  arise  or  exist  among  the  directors,  or  between 
the  superintendents  and  the  boards,  and  between  the  superin- 
tendents and  teachers  concerning  their  respective  rights  and 
duties.  The  facts  of  these  controversies  or  disputes  shall  be 
made  known  to  him  by  written  statement  by  the  parties  thereto, 
verified  by  oath  or  affirmation,  if  required,  and  accompanied  by 
certified  copies  of  all  necessary  minutes,  contracts,  orders,  or 
other  documents.  An  appeal  may  betaken  from  his  decision  to 
the  State  Board  of  Education,  provided  it  be  taken  within  fifteen 
days  after  his  decision  shall  have  been  made.  The  Attorney 
General,  when  called  upon  by  the  Superintendent  of  Public 
Education,  shall  give  his  opinion  in  regard  to  any  controversy 
or  dispute.  The  Superintendent  of  Public  Education  shall, 
whenever  required,  give  advice,  explanations,  constructions,  or 
information  to  the  district  officers  and  superintendents,  and  to 
citizens  relative  to  the  public  school  law,  the  duties  of  public 
school  officers,  the  rights  and  duties  of  parents,  guardians,  pupils, 
and  all  officers,  the  management  of  the  schools,  and  all  other 
questions  calculated  to  promote  the  cause  of  education.  He  shall 
perform  all  other  duties  imposed  upon  him  by  law. 

72.    (State   Superintendent   Appoints   Attorneys   in    Certain   Cases,   S.  7, 
A.  122,  '74.) 

The  Superintendent  of  Public  Education  may  appoint  a  per- 
son of  legal  attainments  in  each  school  division  (parish)  of  the 
State,  to  examine  notes  due  and  other  assets  arising  out  of  pur- 
chase of  lands  granted  to  educational  purposes ;  to  recover  lands 
improperly  held  and  revenues  diverted,  and  generally  protect 
the  school  interest  in  matters  appertaining  thereto.  He  (the 
attorney)  shall  be  paid  a  commission  on  moneys  recovered,  not 
exceeding  ten  per  cent,  and  on  the  value  of  lands  and  other  prop- 
erty recovered,  not  exceeding  five  per  cent. 

*Section  34.  This  department  will  gladly  assist  in  every  way  in  securing 
uniform  and  satisfactory  administration  of  school  affairs.  The  custom  of  an- 
swering proper  inquiries  from  school  officers,  teachers  or  others,  touching  con- 
structions and  applications  of  school  laws,  will  continue.  All  correspondence 
of  this  kind  is  filed  here  for  reference,  carbon  copies  being  taken  for  that 
purpose.  It  is  obvious  that  we  cannot  comply  with  requests  for  the  return  of 
letters  of  inquiry  with  our  replies. 

In  annpaling  to  the  State  Superintendent  copies  of  the  charges  verified  by 
oath  should  h*>  furnished  the  officers  or  persons  complained  against  that  they 
may  answer  for  themselves. 


33 

73.    (Pupils'   Eyes  to  be  Tested,  A.  292,  '08.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  the  State  Board  of  Health  and  Superintendent  of 
Education  shall  prepare  or  cause  to  be  prepared,  suitable  test 
cards,  blanks  and  record  books,  and  all  other  necessary  appliances 
to  be  used  in  testing  the  sight  and  hearing  of  pupils  in  the  public 
schools  of  the  State,  together  with  the  necessary  instructions  for 
the  use  of  same;  and  the  superintendent  of  Education  shall 
furnish  said  test  cards,  record  books,  blanks  and  appliances 
together  with  the  necessary  instructions  for  the  use  to  every 
public  school  in  the  State. 

74-  Section  2.  The  Superintendent,  Principal,  or  teacher  in 
every  school,  during  the  month  of  September  or  during  the  first 
month  of  school,  or  within  thirty  days  after  the  admission  of 
any  pupils  entering  the  school  late  in  the  session,  shall  in  each 
year,  test  the  sight  and  hearing  of  each  and  all  pupils  under  his 
or  her  charge,  and  shall  keep  a  record  of  such  examination  ac- 
cording to  the  instructions  furnished,  and  shall  notify  in  writing 
the  parent,  tutor,  tutrix  or  guardian  of  every  pupil  who  shall 
be  found  to  have  any  defect  of  sight  or  hearing  or  any  disease 
of  eyes  or  ears  of  such  defect;  and  shall  make  a  written  report 
of  all  such  examinations  to  the  State  Superintendent  of  Educa- 
tion. 

75.  (Parish   Superintendent   Ex-Officio  Secretary;    Salary,  S.  35,  A.  167, 

'04.) 

The  parish  superintendent  shall  be  ex-officio  secretary  of  the 
parish  school  board  in  each  parish  of  the  State,  the  Parish  of 
Orleans  excepted;  his  salary  shall  be  fixed  by  the  parish  school 
board,  provided,  that  in  no  case  shall  it  be  less  than  six  hundred 
dollars  ($600.00)  per  annum. 

76.  (Visits  to  be  Made,  S.  36,  A.  214,  '02.) 

He  shall  during  the  year  visit  once,  at  least,  each  school  dis- 
trict in  the  parish,  and  he  shall  exert  his  best  endeavors  in  pro- 
moting the  cause  of  common  school  education.  To  this  end  he 
shall  faithfully  carry  out  the  requirements  of  the  State  school 
law  and  the  rules  and  regulations  made  for  the  schools  by  the 
State  Board  of  Education. 


34 

77.  (Committee  for   Examination   of  Teachers,  S.  37,  A.  214,  '02.) 

The  board  of  school  directors  shall  elect  two  persons  either 
members  or  not  members  of  the  board  at  their  discretion,  who 
shall  assist  the  parish  superintendent  in  examining  applicants 
for  certificates  of  qualification  to  teach  in  the  public  schools 
of  the  parish;  these  examiners  shall  mark  all  answer  papers, 
tabulate  the  result  and  present  the  same  to  the  parish  board, 
which  board  shall  select  and  appoint  teachers  for  the  schools  of 
the  parish  in  accordance  with  the  provisions  of  the  law.  This 
shall  be  done  at  a  special  meeting  of  the  board  called  for  the 
purpose,  when  necessary,  and  all  elections  of  teachers  shall  be 
carefully  entered  in  the  minutes  of  the  proceedings.  The  an- 
swer papers  of  all  persons  examined  shall  be  kept  for  one  year 
in  the  office  of  the  parish  superintendent  subject  to  inspec- 
tion of  the  persons  examined,  or  persons  specially  authorized  by 
them. 

78.  (Annual   Report  of  the  Parish  Superintendent,  S.  38,  A.  214  of  1902, 

as  amended  by  A.  53  of  1910.) 

It  shall  be  the  duty  of  each  parish  superintendent  on  or  before 
the  tenth  day  of  July  of  each  year,  to  cause  to  be  placed  in  the 
hands  of  the  Superintendent  of  Public  Education  the  official 
report  of  his  parish  schools  for  the  previous  session,  showing 
in  tables  an  aggregate  of  the  school  districts  in  his  parish,  the 
districts  in  which  the  schools  are  taught,  and  the  length  of  time 
taught,  the  number  of  children  at  school,  the  cost  of  tuition  of 
each  child  per  month  and  for  the  session,  the  number  of  private 
schools,  colleges  and  academies  taught  in  the  parish,  and  the 
length  of  the  session  of  the  same;  the  number  of  teachers  em- 
ployed, male,  female,  white  and  colored,  the  average  wages  of 
male  teachers,  female  teachers,  the  amount  of  money  raised  for 
school  purposes  in  the  parish  by  local  taxation  or  otherwise,  and 
for  what  purpose  it  was  disbursed;  the  number  and  kind  of 
schoolhouses,  the  actual  or  approximate  value  of  each,  the 
number  built  during  the  session  preceding  the  report,  the  num- 
ber of  school  libraries  and  the  number  of  volumes  in  each  and 
the  .increase  during  the  session,  and  the  amount  received  and 
expended  for  them.  In  case  of  neglect  or  failure  to  make  this 
report  in  the  time  required  he  shall  forfeit  and  pay  the  sum 
of  ten  dollars  per  week,  or  fraction  of  a  week,  for  the  full  time 
of  his  delinquency;  said  amount  to  be  collected  by  the  parish 
board  for  the  benefit  of  the  institute  fund  of  the  State. 


35 

79.  (Forfeited  Bonds,  S.  1044,  R.  S.) 

The  several  district  attorneys  throughout  the  State  shall  be 
entitled  to  demand  and  receive  one-fifth  of  all  sums,  first  deduct- 
ing the  percentage  allowed  by  law  to  the  sheriff  for  collecting 
and  paying  over  the  same,  which  may  be  collected  on  forfeited 
bonds  in  criminal  prosecutions  and  misdemeanors  in  any  court 
of  justice. 

80.  (Custody  of  Records,  Papers  and  Documents,  S.  39,  A.  214,  '02.) 

Each  parish  superintendent  shall  keep  a  record  of  all  busi- 
ness transacted  by  him  as  parish  superintendent,  the  names, 
numbers  and  description  of  school  districts;  the  tabulation  of 
the  reports  of  school  principals  made  monthly  to  him  by  the 
principals  of  the  schools  of  is  parish;  and  all  other  papers, 
books  and  documents  of  value  connected  with  his  office;  and 
these  shall  be  at  all  times  subject  to  inspection  and  examination 
by  the  State  Superintendent  of  Public  Education,  or  by  any 
school  officer  or  other  person  interested  in  any  question  pertain- 
ing to  the  public  schools.  In  addition  to  his  annual  report  to 
the  State  Superintendent  of  Public  Education  hereinbefore  pro- 
vided for,  and  which  shall  be  made  in  accordance  with  instruc- 
tions of  the  State  Superintendent,  he  shall  furnish  to  the  De- 
partment of  Education  such  narrative,  and  such  information  as 
the  State  Superintendent  may  from  time  to  time  require  of  him. 

81.  (Oaths   Superintendents    May   Administer,  S.  40,  A.  214,  '02.) 

The  parish  superintendent  may  administer  the  oath  required 
of  any  of  the  officials  of  the  common  schools,  or  of  any  person 
required  to  make  oath  in  any  matter  relating  thereto,  except 
to  qualify  directors. 

82.  (Office   Days,  S.  41,  A.  214,  '02.) 

He  shall  attend  at  his  office,  at  the  parish  seat,  on  the  first 
Saturday  of  January,  April,  July  and  October,  in  each  year, 
and  at  such  other  times  as  may  be  necessary  for  him  to  receive 
the  reports  of  teachers  and  others,  and  to  transact  the  business 
required  of  him. 

83.  (Make  Quarterly  Reports  to  Parish  School  Boards,  S.  42,  A.  214,  '02.) 
The  parish  superintendent  shall  make  quarterly  reports  to 

the  parish  board  of  directors  upon  the  condition  of  the  schools 
under  his  supervision. 


36 

Sec.  70,  Act  214  of  1902,  has  been  repealed,  except  that  por- 
tion which  requires  parish  treasurer  of  school  funds  (now  par- 
ish superintendent)  to  make  quarterly  financial  report  to  parish 
school  board ;  and  Act  25  of  1910  requires  a  copy  of  the  same 
to  be  forwarded  to  the  Supervisor  of  Public  Accounts. 

84.  (Superintendent  as   Secretary  to    Keep    Minutes  of  All    Proceedings, 

S.  25,  A.  214,  '02.) 

The  secretary  shall  keep  full  minutes  of  all  proceedings  of 
the  board  in  a  book  provided  for  the  purpose,  and  shall  do  and 
perform  all  other  acts  and  duties  legally  pertaining  to  the  office 
of  the  secretary  of  the  board. 

85.  (Register  and   Monthly   Report,  S.  60,  A.  214,  '02.) 

Be  it  further  enacted,  etc.,  That  it  shall  be  the  duty  of  parish 
superintendents  and  teachers  of  the  public  schools  of  the  State 
to  keep  such  school  records  as  shall  be  prescribed  by  the  State 
Superintendent  of  Public  Education.  Prior  to  receiving  his  or 
her  monthly  salary  at  the  end  of  each  month,  each  principal  of 
a  school  shall  make  to  the  parish  superintendent  a  report  of  the 
entire  number  of  pupils  enrolled,  the  number  of  pupils  in  at- 
tendance during  the  month,  the  books  used,  the  branches  taught, 
the  number  of  pay  pupils,  and  such  other  information  as  the 
parish  superintendent  may  deem  important.  If  any  principal 
willfully  neglects  or  fails  to  do  this,  the  parish  superintendent 
shall  withhold  two  dollars  of  the  salary  due  for  the  benefit  of 
the  State  Institute  Fund. 

86.  (Superintendent  of  Schools   Made  Treasurer  of  School    Funds,  S.   1, 

A.  232,  '08.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  Sec.  65  of  Act  No.  214  of  1902,  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 

Section  65.  That  the  Superintendent  of  Public  Schools  in 
every  parish  (Parish  of  Orleans  excepted)  shall  be  constituted 
the  treasurer  of  all  school  funds  apportioned  by  the  State  to 
such  parish,  or  raised,  collected,  or  donated  therein  for  the  sup- 
port of  the  free  public  schools;  he  shall  receipt  for  all  such 
funds  to  the  Treasurer  of  the  State  and  to  the  collector  of  par- 
ish taxes. 

That  the  said  Superintendent  of  Schools  made  treasurer  of 
school  funds  under  the  provisions  of  this  Act,  shall  give  bond  in 


37 

such  sums  as  may  be  required  by  the  school  board  of  the  parish ; 
provided  that  said  bond  shall  not  be  less  than  the  greatest  amount 
in  the  hands  of  the  treasurer  during  the  previous  year  at  any 
one  time,  and  the  school  boards  of  the  several  parishes  shall  pay 
the  premium  of  said  bond. 

That  the  said  Superintendent  of  Public  Schools  shall  receive 
no  compensation  whatever  for  his  services  as  school  treasurer. 
The  said  treasurer  shall  deposit  the  school  funds  in  such  bank  or 
banks  as  may  be  designated  by  the  parish  school  board  under 
the  provisions  of  Act  No.  23  of  the  special  session  of  the  General 
Assembly  of  1907. 

87.  (Duties;  Transfer  of  Funds;  Books,   Etc.,  S.  67,  A.  214,  '02.) 

Said  Treasurer  immediately  upon  the  acceptance  of  his  bond, 
shall  demand  of  his  predecessor  in  the  office  of  treasurer  of  the 
school  funds,  custody  of  all  books  and  papers,  and  of  all  balances 
of  school  moneys  in  his  hands  as  custodian  of  the  school  funds 
of  the  parish. 

88.  (How  Funds  Shall  be  Disbursed,  S.  68,  A.  214,  '02.) 

Said  treasurer  shall  pay  out  the  school  funds  entrusted  to  his 
charge  only  on  the  warrant  drawn  by  the  president  and  coun- 
tersigned by  the  secretary  of  the  parish  school  board,  and  shall 
state  against  what  school  district  it  is  drawn,  which  warrant 
shall  be  drawn  by  these  officers  only  in  virtue  of  appropriations 
regularly  made  by  the  parish  board;  the  parish  board  shall 
make  annually  an  estimate  of  the  amount  of  revenue  for  the 
year,  appropriating  the  same  as  above  required,  and  no  warrant 
beyond  the  amount  estimated  shall  be  drawn  for  any  year. 
These  warrants  shall  be  numbered  and  shall  specify  on  their 
face  to  whom  and  for  what  they  are  given,  and  the  date  of  the 
appropriation  made  by  the  school  board;  the  treasurer  shall 
pay  these  warrants  only  to  the  extent  of  the  amount  to  the  credit 
on  his  books  and  in  the  order  in  which  they  are  presented,  of 
school  districts  in  behalf  of  which  the  warrants  shall  have  been 
drawn,  and  said  warrants  shall  be  filed  in  his  office  as  vouchers, 
and  with  the  account  kept  by  him  as  treasurer  of  the  school 
fund,  shall  always  be  subject  to  examination  by  any  one  who 
choses  to  examine  them. 


38 

89.  (Public   Officers  to    Furnish   Certified    Reports  to   Auditor  of   Public 

Accounts,  S.  3,  A.  25,  MO.) 

Said  Supervisor  of  Public  Accounts  shall  have  authority  to 
examine  and  audit  the  books  and  accounts  of  all  public  boards 
and  commissions,  or  any  department  of  the  State  government, 
and  to  that  end  shall  have  access  to  all  papers,  books  and  docu- 
ments in  all  offices  which  he  may  examine  or  audit  under  the 
provisions  of  this  Act.  All  clerks  of  courts  and  other  public 
officers  shall  furnish  certified  copies  of  any  documents  or  papers 
in  their  possession  to  said  Supervisor  of  Public  Accounts  when- 
ever he  shall  request  the  same,  and  said  certified  copies  shall  be 
furnished  without  any  charge  of  any  kind. 

90.  (Quarterly   Statements   to    be    Furnished    Supervisor   of    Public   Ac- 

counts by  Parish  Superintendent  and  State  Superintendent,  S.  5, 
A.  25,  '10.) 

Be  it  further  enacted,  etc.,  That  all  State  boards  and  com- 
missions and  other  public  offices  created  by  law,  and  all  educa- 
tional and  eleemosynary  institutions  of  this  State  including 
parish  school  boards,  road  and  drainage  districts,  shall  furnish 
to  said  Supervisor  of  Public  Accounts,  quarterly,  in  each  year, 
sworn  statements  of  all  moneys  received  by  them,  from  what 
sources,  and  all  moneys  expended  by  them  and  for  what  pur- 
poses; said  statements  shall  be  accompanied  by  vouchers  and 
other  papers  necessary  to  prove  the  correctness  of  the  same, 
and  no  officer  shall  destroy  any  voucher  or  other  paper  belong- 
ing to  his  office  before  same  has  been  examined  and  passed  upon 
by  said  Supervisor  of  Public  Accounts. 

It  shall  be  the  duty  of  the  Supervisor  of  Public  Accounts  to 
check  said  statements,  and,  if  any  irregularities  exist  to  call  the 
attention  of  those  responsible  thereto.  In  case  of  any  irregulari- 
ties or  defalcations  or  failure  of  any  officer  or  employee  to 
comply  with  the  provisions  of  this  Act,  it  shall  be  the  duty  of 
the  Supervisor  of  Public  Accounts  to  immediately  notify  the 
Governor  of  the  State.  The  quarterly  sworn  statements  pro- 
vided in  this  section  shall  be  furnished  the  Supervisor  of  Public 
Accounts  between  the  first  and  fifteenth  of  January,  April,  July 
and  October  of  each  year;  the  Supervisor  of  Public  Accounts 
shall  install  a  system  of  accounting  in  every  office,  which  by 
law  it  is  made  his  duty  to  inspect  and  report  upon.  The  Super- 
visor of  Public  Accounts  shall  return  all  vouchers  to  the  re- 
spective offices  after  inspection. 


39 

91.  (Form   of  Accounts   Prescribed;    Records  to  be   Kept  in  Office,  S.  6- 

A.  25,  MO.) 

All  public  offices,  boards,  commissions  and  eleemosynary  and 
educational  institutions  of  this  State  and  all  parochial  school 
boards,  road  and  drainage  districts,  shall  provide  an  office  for 
their  secretary  and  treasurer  where  their  books  and  records  must 
be  kept.  All  accounts  shall  be  kept  in  the  form  prescribed  by 
the  Supervisor  of  Public  Accounts;  that  any  failure  of  any 
officer  or  employee  to  furnish  the  Supervisor  of  Public  Accounts 
with  any  information  requested  shall  immediately  report  to  the 
Governor  of  the  State,  who  will  take  such  action  as  he  may  deem 
proper.  The  Supervisor  of  Public  Accounts  is  authorized  to 
administer  oaths  arid  the  Assistant  Supervisor  of  Public  Ac- 
counts when  acting  under  instructions  of  the  Supervisor  of 
Public  Accounts  shall  have  the  same  power  and  authority  as  is 
granted  under  this  Act  to  the  Supervisor  of  Public  Accounts, 
except  in  the  matter  of  administering  oaths. 

92.  (Reports    Filed    by    Supervisor;    Duty   of   School    Board    Treasurer 

S.  7,  A.  25,  '10.) 

The  Supervisor  of  Public  Accounts  shall  make  all  reports 
of  his  examination  in  duplicate,  one  to  be  filed  with  the  Gover- 
nor and  one  in  the  office  investigated,  unless  otherwise  provided 
in  this  Act;  if  the  report  of  any  examination  discloses  any  vio- 
lation by  any  public  officer  or  employee,  the  Supervisor  of  Pub- 
lic Accounts  shall  furnish  an  additional  copy  to  the  district 
attorney  of  the  parish  where  said  offense  was  committed.  That 
the  Auditor  of  Public  Accounts  shall  furnish  the  Supervisor  of 
Public  Accounts,  in  writing,  whenever  a  tax  collector  is  delin- 
quent, and  every  parish  treasurer  and  every  parish  school  board 
treasurer  shall  notify  the  Supervisor  of  Public  Accounts  when- 
ever any  sheriff  is  delinquent  in  his  settlement. 

92-a.    (Penalty  for  Neglect  of  Duty,  S.  10,  A.  25,  '10.) 

Sec.  10.  That  any  public  officer  or  employee  in  an  office 
that  is  subject  to  examination  by  the  Supervisor  of  Public  Ac- 
counts who  willfully  neglects  or  fails  to  furnish  said  Super- 
visor of  Public  Accounts  with  such  papers,  accounts,  books,  or 
other  documents  which  he  has  the  right  to  inspect  or  audit  un- 
der the  terms  of  the  Act,  or  who  shall  willfully  refuse  or  neg- 
lect to  transmit  to  said  Supervisor  of  Public  Accounts  such 


40 

reports,  statements  or  accounts,  or  other  documents,  upon 
request  as  provided  by  the  terms  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor  in  office  and  shall,  upon  conviction, 
suffer  a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than 
five  hundred  dollars,  or  be  imprisoned  not  less  than  ten  days 
nor  more  than  six  months,  or  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court  having  jurisdiction. 

92-b.    (Repealing   Clause,  S.   11,   A.  25,  '10.) 

Sec.  11.  Be  it  further  enacted,  That  Act  No.  24  of  the  Extra 
session  of  1907  be  and  the  same  is  hereby  repealed,  and  all  laws 
and  parts  of  laws  in  conflict  with  the  provisions  of  this  Act  are 
also  repealed. 

93.    (Fees  of  Tax  Collectors,  SS.  1,  2,  A.  181,  '08.) 

That  for  all  services,  labors  and  duties  performed  by  each 
Sheriff  and  ex-officio  Tax  Collector  throughout  the  State  of 
Louisiana  as  Tax  Collector,  Parish  of  Orleans  excepted,  he  shall 
be  paid  five  per  centum  on  the  first  seventy-five  thousand  dol- 
lars, aggregate  amount  of  all  State,  Parish,  District,  Poll,  and 
other  taxes  and  licenses,  collected  by  him  and  actually  paid  by 
him  into  the  State  and  Parish  Treasury  or  to  the  authority 
designated  by  law  to  receive  the  same;  and  two  per  centum  on 
the  next  forty-five  thousand  dollars,  and  one  per  cent  on  all 
amounts  over  one  hundred  and  twenty  thousand  dollars,  pro- 
vided that  no  Sheriff  and  ex-officio  Tax  Collector  shall  receive 
for  the  collection  of  all  taxes  more  than  eight  thousand  dollars 
per  annum,  provided  further  that  no  Sheriff  and  ex-officio  Tax 
Collector  shall  receive  any  compensation  for  the  collection  of 
special  school  taxes  except  in  parishes  where  the  total  amount  of 
State,  Parish,  Levee  and  Poll  taxes  and  licenses  collected  do 
not  amount  to  $50,000.  Be  it  further  provided  that  in  parishes 
where  the  collection  of  State,  Parish,  Levee  and  Poll  taxes  and 
licenses  do  not  amount  to  $50,000  the  Sheriff  and  ex-officio  Tax 
Collector  shall  receive  five  per  cent  on  amount  collected  and 
actually  paid  into  the  State  and  Parish  Treasury  or  to  the 
authority  designated  to  receive  the  same. 

The  payment  of  the  compensation  herein  provided  for  the 
Sheriff  and  ex-officio  Tax  Collector  for  the  collection  of  Taxes 
and  Licenses  shall  be  distributed  between  the  State,  Parish, 


41 

School  Board  and  other  taxing  districts  or  divisions  and  licenses 
in  proportion  to  the  amount  of  taxes  and  licenses  received  by 
each. 

94.  (Summer  Normal  Schools,  S.  43,  A.  214,  '02.) 

Be  it  further  enacted,  etc.,  That  whereas  a  majority  of  the 
public  school  teachers  of  the  State  have  not  had  the  advantage 
of  professional  training,  and  whereas  the  State  should  make  an 
effort  to  put  this  training  within  the  reach  of  those  teachers  who 
by  reason  of  their  age,  their  family  ties  and  other  obstacles,  can- 
not pursue  the  full  course  of  the  State  Normal  School,  there 
shall  be  established  and  maintained  by  the  State  Institute  Fund, 
in  conjunction  with  the  Peabody  Institute  Fund,  Summer  Nor- 
mal Schools  in  the  State,  with  sessions  of  not  less  than  four  weeks. 

95.  (Special    One    Week    Institutes;    Attendance;    Pay;    Excuse  for  Non- 

Attendance,  S.  44,  A.  167,  '04.) 

Other  institutes  may  be  held  when  ordered  by  the  State 
Board  of  Education  or  under  special  laws  ordering  such  insti- 
tutes to  be  held.  Every  teacher  of  a  common  school  must  attend 
the  sessions  upon  penalty  for  non-attendance  if  satisfactory 
excuse  has  not  been  rendered  to  the  parish  superintendent,  of 
forfeiting  two  days'  pay.  There  shall  be  a  vacation  of  the  com- 
mon schools  of  the  parishes,  to  give  opportunities  to  the  teachers 
to  attend;  and  no  reduction  of  the  teacher's  salary  shall  be 
made  during  said  vacation,  provided  he  or  she  was  in  attend- 
ance the  full  time  of  the  session  of  the  institute.  These  insti-. 
tutes,  held  under  this  section,  shall,  as  far  as  possible,  be  held 
in  some  town  centrally  located,  and  teachers  from  as  many  par- 
ishes as  can  conveniently  attend  shall  be  notified  to  attend.  This 
notice  they  shall  obey,  under  the  penalty  before  mentioned. 

96.  (Board   of  State   Institute   Managers  and    Institute  Conductor,  S.  45, 

A.  214  of  1902,  as  amended  by  A.  223  of  1910.) 
The  State  Superintendent  of  Public  Education,  the  Pres- 
ident of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College,  the  President  of  the  Louisiana  State  Nor- 
mal School,  the  President  of  Louisiana  Industrial  Insti- 
tute at  Ruston,  and  the  President  of  Louisiana  Southwest- 
ern Industrial  Institute  at  Lafayette,  and  the  Superintendent 
of  Public  Education  of  the  Parish  of  Orleans  shall  be  a  Board  of 
State  Institute  Managers  and  in  their  discretion  shall  select  an 


42 

experienced  institute  conductor,  who  shall  have  general  charge 
of  the  summer  normal  work,  and  whose  services  shall  be  paid 
for  out  of  the  institute  funds  in  such  manner  as  shall  be  agreed 
upon  by  the  Board  named  in  this  Act.  The  institute  conductor 
shall  be  secretary  of  the  Board. 

97.  (Certificates   Issued;    Preference  to   Holders  of  Same,  S.  46,  A.  214, 

'02.) 

The  managers  of  the  summer  normal  schools  shall  issue  cer- 
tificates of  attendance  to  every  teacher  present  during  the  whole 
of  their  sessions,  and  the  parish  boards  of  school  directors  shall 
give  preference,  other  things  being  equal,  to  'the  holders 
of  said  certificates  in  the  selection  of  teachers  for  the  public 
schools. 

98.  (Institute  Conductor's  Report,  S.  47,  A.  167,  '04.) 

The  conductors  of  the  State  (one-week)  Institute  shall  make 
a  full  report  of  their  work  giving  the  names  of  the  teachers  in 
attendance,  with  a  detailed  account  of  all  institute  funds  re- 
ceived and  disbursed,  to  the  State  Superintendent  of  Public 
Education  for  publication  in  his  biennial  report  to  the  General 
Assembly  and  to  the  Board  of  the  Peabody  Education  Fund. 

99.  (Monthly  or  Bi- Monthly  Parish   Institutes  Compulsory,  S.  1,  A.  119, 

1910,  amending  and  re-enacting  S.  34,  35,  36,  37,  38,  39,  41   and 
43,  A.  81   of  1888.) 

It  shall  be  the  duty  of  every  parish  superintendent  of  edu- 
cation to  conduct  a  teachers'  institute  or  association  on  one  Sat- 
urday of  every  month,  or,  in  his  discretion,  on  a  Friday  and 
Saturday  of  every  alternate  month,  during  the  time  the  public 
schools  are  in  session  in  his  parish,  in  each  institute  district. 

100.  (Attendance  Obligatory;   Penalties,  S.  2,  A.  119,  1910.) 

The  parish  superintendent  shall  notify  all  teachers  of  the 
time  and  place  of  the  monthly  or  bi-monthly  institute  meetings, 
and  it  shall  be  the  duty  of  all  teachers  in  the  parish  to  attend 
these  meetings  and  to  take  such  part  in  the  exercises  as  the 
superintendent  may  indicate.  Such  teachers  as  shall  fail  to  be 
present,  or,  being  present,  refuse  to  perform  the  part  assigned 
them  on  the  program  by  the  superintendent  at  such  institute 
meeting,  shall  forfeit  one  day's  salary  for  each  absence,  or  one 
day's  salary  for  each  failure  to  perform  the  part  assigned  them 
on  the  program  by  the  superintendent.  The  amount  so  forfeited 


43 

shall  be  deducted  from  such  teachers'  next  monthly  warrant  by 
the  superintendent  and  by  him  credited  to  the  institute  fund 
of  the  parish  to  be  set  aside  and  used  exclusively  for  institute 
work  in  the  said  parish. 

101.  (Compensation  for  Attendance;    No  Extra  Compensation  on  School 

Days,  S.  3,  A.  119  of  1910.) 

School  boards  are  hereby  authorized  and  empowered  to  pay 
each  teacher  attending  an  institute  or  association  meeting  two 
dollars  per  day  for  each  monthly  meeting  or  bi-monthly  meeting 
and  three  cents  per  mile  each  way  to  and  from  said  meetings; 
provided  that  when  the  institute  is  held  on  regular  school  days 
teachers  shall  only  receive  their  regular  pay  as  teachers  for 
such  attendance. 

102.  (Programs  and    Reading   Course;    Penalty   Imposed   Upon   Superin- 

tendent, S.  4,  A.  119  of  1910.) 

It  shall  be  the  duty  of  the  State  Institute  Conductor  to 
formulate  the  programs  for  teachers'  institutes  or  association 
meetings,  and  it  shall  be  the  duty  of  the  Board  of  State  Institute 
Managers  to  formulate  the  State  Reading  Course  for  teachers 
yearly,  and  it  shall  be  the  duty  of  the  parish  superintendent  to 
consult  the  State  Institute  Conductor  relative  to  conducting 
teachers'  institutes,  and,  when  conducting  teachers'  institues  or 
associations,  to  follow  the  programs  and  the  State  Reading  Course 
for  teachers  so  prepared,  as  aforesaid.  The  parish  superintend- 
ent shall  forfeit  five  dollars  for  each  institute  or  association  he 
fails  to  cause  to  be  held,  or  fails  to  conduct,  as  required  by  this 
Act,  unless  physically  unable  to  attend,  or  for  other  valid  rea- 
sons appearing  to  the  satisfaction  of  the  School  Board;  the  said 
fine  shall  be  collected  by  the  School  Board  and  credited  to  the 
institute  fund,  as  provided  in  Section  2  of  this  Act.  The  daily 
session  of  the  teachers'  institute  or  association  shall  be  not  less 
than  five  hours  per  day  actual  work. 

103.  (Roll  Call;  Annual  Report,  S.  5,  A.  119,  1910.) 

The  parish  superintendent,  at  the  opening  of  the  institute 
meeting,  shall  cause  a  roll  of  teachers  to  be  prepared,  which 
roll  shall  be  called  at  least  twice  during  each  daily  session  of 
the  institute.  He  shall  ascertain  the  number  of  teachers  in 
attendance  and  the  length  of  time  each  attends,  and  he  shall 
carefully  note  the  names  of  all  absentees,  and  to  this  end  he 


44 

shall  keep  a  record  and  at  the  end  of  the  school  session  he  shall 
make  an  annual  report  to  the  State  Institute  Conductor  of  the 
Institute  work  in  his  parish  for  the  year  upon  blanks  furnished 
him  by  the  State  Institute  Conductor  for  said  purpose. 

104.  (Institute   Managers;    Compensation,  S.  6,  A.  119,  MO.) 

The  parish  superintendent  shall,  before  the  beginning  of  the 
regular  public  school  term,  appoint  a  competent  teacher  of  his 
parish  as  institute  manager  for  each  district,  if  there  be  more 
than  one  institute  district  in  his  parish ;  and  such  institute 
managers  shall  be  paid  three  dollars  per  day  as  compensation 
for  actual  services  in  holding  such  institutes,  or  for  assisting 
the  superintendent  while  holding  said  teachers'  institute.  Pro- 
vided, that  when  the  teachers'  institute  is  held  on  a  regular 
school  day,  the  compensation  of  the  institute  managers  shall 
be  their  regular  salary  and  no  more. 

105.  (Institute  Not  Applicable  to  New  Orleans,  S.  7,  A.  119  of  1910.) 

The  provisions  of  this  Act  shall  not  apply  to  the  Parish  of 
Orleans,  but  the  School  Board  of  said  parish  at  its  election  may 
conduct  such  teachers'  institutes  provided  for  in  this  Act,  in 
the  same  manner  and  with  the  same  power  and  authority  as 
hereinabove  set  forth. 

106.  (Repealing  Clause,  S.  8,  A.  119  of  1910.) 

Section  8.  Be  it  further  enacted,  etc.,  That  all  laws  and 
parts  of  laws  in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 

106-a.    (Local  Institute  Fund,  S.  40,  A.  81,  '88.) 

All  institute  funds  shall  be  collected  and  receipted  for  by 
the  superintendent.  He  shall  have  a  record  of  the  amount  re- 
ceived, hand  them  over  to  the  treasurer  of  the  school  board, 
who  shall  keep  a  separate  account  of  these  funds.  He  shall  pay 
them  out  on  the  warrant  of  the  superintendent,  countersigned 
by  the  president  of  the  school  board.  These  funds  shall  be  ex- 
pended only  in  the  interest  of  the  institutes. 

NOTE. —  (This  does  not  apply  to  the  dollar  collected  for  teachers'  examina- 
tion fee,  which  is  to  be  sent  to  the  State  Superintendent  of  Education  as  per 
Sec.  49,  Act  167,  '04,  nor  to  fines  imposed  when  the  law  stipulates  that  the 
money  is  to  be  paid  to  the  State  Institute  Fund.) 

107.  (Columbus    Day,   A.   56,   1910.) 

The  several  school  boards  of  the  State  of  Louisiana  shall 
annually  authorize,  direct  and  instruct  the  parish  superintendent 
of  education,  or  other  proper  authority  to  observe  the  anniver- 


45 

sary  of  the  date  of  the  discovery  of  America  by  Christopher 
Columbus,  October  12,  by  such  fitting  and  appropriate  exercises, 
as  the  said  various  and  several  school  boards  may  determine 
upon  and  select. 

Sec.  2.  Any  failure  upon  the  part  of  the  said  several  and 
various  school  boards  and  parish  superintendents  to  comply 
with  the  provisions  of  this  Act,  shall  subject  said  school  boards 
and  members  thereof,  and  the  parish  superintendent  to  charges 
of  nonfeasance,  and  neglect  of  duty,  which  may  be  preferred 
by  any  person,  before  the  proper  authority. 

108.     (Public    School    Officials    and    Teachers    May    Not    be    Agents    for 
School  Supplies,  A.  287,  '08.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  it  shall  not  be  lawful  for  any  school 
official  or  teacher  while  employed  in  the  public  school  to  act 
as  agent  for,  or  receive  gifts,  rebates,  commissions  or  fees,  directly 
or  indirectly  from  individuals  or  companies  that  manufacture, 
handle  or  sell  in  the  State  of  Louisiana  any  kind  of  school  books, 
school  supplies,  school  furniture,  or  school  building  materials. 

Section  2.  Be  it  further  enacted,  etc.,  That  any  school  official 
or  teacher  employed  in  the  public  schools  who  shall  violate  the 
provisions  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  shall  ipso  facto  forfeit  his  position  and  the 
proper  authorities  upon  notice  of  such  conviction  shall  at  once 
proceed  to  fill  said  position  so  vacated  and  said  official  or  teacher 
shall  be  sentenced  by  the  court  to  pay  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  two  hundred  dollars,  or  be 
imprisoned  for  not  exceeding  ninety  days,  or  both  such  fine  and 
imprisonment  at  the  discretion  of  the  court. 

108-a.    (Bird   Day  Established,  S.  14,  A.  198,  '06.) 

Section  14.  Be  it  further  enacted,  etc.,  That  the  State  and 
Parish  Boards  of  Public  Education  are  directed  to  provide  for 
the  celebration,  by  all  public  schools,  of  "Bird  Day,"  on  May 
fifth  of  each  year,  being  the  anniversary  of  the  birth  of  John 
James  Audubon,  the  distinguished  son  of  Louisiana. 

On  the  recurring  anniversary  days,  suitable  exercises  are  to 
be  engaged  in,  and  lessons  on  the  economic  and  esthetic  value  of 
the  resident  and  migratory  birds  of  the  State  are  to  be  taught, 
by  the  teachers,  to  their  pupils. 


46 

109.  (Teachers'   Examinations;   Time,  S.  48,  A.  214,  '02.) 

Examinations  of  applicants  for  certificates  of  qualifications 
to  teach  in  the  public  schools  of  the  State  shall  be  held  on  dates 
designated  by  the  State  Board  of  Public  Education. 

110.  (Examiners;    Oath;     Duties    and    Penalties    for    Non-Performance, 

S.  50,  A.  214,  '02.) 

Before  the  examiners  shall  commence  their  examination  of 
applicants,  they  shall  take  an  oath  that  they  will  faithfully  dis- 
charge their  duties.  They  shall  not  give  to  any  person  a  cer- 
tificate before  examining  the  candidate,  touching  his  or  her 
qualifications  to  teach,  and  who  is  not  qualified  to  teach  as  re- 
quired by  the  public  school  law.  They  shall  be  satisfied  that  the 
applicant  is  possessed  of  good  moral  character.  If  at  any  time 
a  teacher  becomes  incompentent,  inefficient,  or  unworthy  of  the 
endorsement  given  him  or  her,  the  parish  superintendent  may 
revoke  the  same  and  notify  the  board  of  his  action  for  its  ap- 
proval or  disapproval.  Any  teacher  may  be  discharged  at  any 
time  under  the  above  provisions,  but  he  shall  be  entitled  to  re- 
ceive payment  for  services  only  up  to  the  time  of  such  dismissal. 

111.  (Examination    Fee,   S.  49,  A.  214,  '02,  amended   and    re-enacted   by 

A.  133,  '06.) 

Before  being  examined  each  applicant  for  a  certificate  to 
teach  shall  pay  a  fee  of  one  dollar.  The  money  so  received 
shall  be  forwarded  to  the  State  Superintendent  of  Public  Edu- 
cation by  the  parish  superintendent,  along  with  the  names  of 
the  persons  by  whom  it  has  been  paid.  The  State  Superintend- 
ent shall  give  to  each  parish  superintendent  a  receipt  for  the 
money  for  the  benefit  of  the  Institute  Fund.  A  list  of  all 
moneys  so  received  shall  be  forwarded  to  the  State  Board  of 
Education. 

112.  (Additional    Requirement,  S.  3,  A.  40,  '88.) 

No  certificate  shall  be  granted  hereafter  to  any  new  appli- 
cant to  teach  in  the  public  schools  of  Louisiana,  who  has  not 
passed  a  satisfactory  examination  in  the  study  of  the  nature 
of  alcoholic  drinks  and  narcotics,  and  their  effects  upon  the 
human  system,  in  connection  with  the  several  divisions  of  the 
subject  relative  to  physiology  and  hygiene. 


47 

113.  (Third   Grade   Certificate,  S.  51,  A.  214,  '02.)  - 

To  obtain  a  third  grade  certificate  the  applicant  must  be 
found  competent  to  teach  spelling,  reading,  penmanship, 
drawing,  arithmetic,  English  grammar,  geography,  the  history 
of  the  United  States,  the  Constitution  of  the  United  States,  the 
Constitution  of  the  State  of  Louisiana,  physiology,  and  hygiene, 
with  special  reference  to  the  effects  of  stimulants  and  narcotics- 
upon  the  human  system,  and  the  theory  and  art  of  teaching. 

114.  (Second  Grade  Certificate,  S.  52,  A.  214,  '02.) 

To  obtain  a  second  grade  certificate  the  applicant  must  be 
found  competent  to  teach  all  the  foregoing  branches,  and  also- 
grammatical  analysis,  physical  geography  and  elementary  alge- 
bra. 

115.  (First  Grade  Certificate,  S.  53,  A.  214,  '02,  amended  and  re-enacted 

by  Act  133,  '06.) 

To  obtain  a  first  grade  certificate  the  applicant  must  be 
found  competent  to  teach  all  branches  required  for  a  third  grade 
and  second  grade  certificate,  and  also  higher  algebra,  natural 
philosophy  and  geometry ;  provided,  that  graduates  of  all  insti- 
tutions of  learning  authorized  to  confer  diplomas  under  the 
laws  of  this  State,  applying  in  examinations  for  first  grade 
teacher's  certificates,  be  credited  with  having  passed  a  satis- 
factory examination  for  said  first  grade  teacher's  certificate  in- 
such  of  the  required  subjects  as,  by  the  president  of  said  insti- 
tution, may  be  certified  to  as  having  been  completed  in  the  course 
of  study  of  the  applicant,  excepting  theory  and  art  of  teaching 
as  it  applies  to  the  subjects  required  for  a  first  grade  teacher's, 
certificate,  and  to  general  school  practices. 

115-a.    (Institutions  Authorized  to   Issue   Diplomas  by  the   Laws  of  the. 
State.) 

(Up  to  and  including  the  re&ular  session  of  1910.) 
(For  exemptions  and  methods  of  procedure  see  §115.) 

Centenary  College,  Shreveport. 

Convent  of  Ursulines,  The,  New  Orleans. 

Holy  Cross  College,  The,  New  Orleans. 

Home  Institute,  New  Orleans. 

Jefferson  College,  Convent. 

Keachie  Female  College,  Keachie. 

Leland  University  (colored),  New  Orleans. 

Louisiana  College,  Pineville. 


48 

Louisiana  Industrial  Institute,  Huston. 

Louisiana   State   University,    Academic   Department,    Baton 

Rouge. 

Newcomb  College,  New  Orleans. 
New  Orleans  University  (colored),  New  Orleans. 
St.  Mary's  Academy,  New  Orleans. 
St.  Mary's  Dominican  Academy,  New  Orleans. 
Silliman  Institute,  Clinton. 

Southwestern  Louisiana  Industrial  Institute,  Lafayette. 
Southern  University  (colored),  New  Orleans. 
Straight  University  (colored),  New  Orleans. 
Tulane  University,  Academic  Department,  -New  Orleans. 

116.  (Certificates;    License  to  Teach;    How    Long   and   Where,  S.  54,  A. 

214,  '02.) 

A  third  grade  certificate  shall  entitle  the  holder  to  teach  for 
one  year;  the  second  grade  certificate  shall  entitle  the  holder 
to  teach  in  the  public  schools  for  three  years  from  its  date;  a 
first  grade  certificate  shall  entitle  the  holder  to  teach  for  five 
years  from  its  date.  If  a  person  pass  a  satisfactory  examination 
by  any  parish  superintendent,  obtain  a  certificate  of  any  grade, 
and  purpose  to  teach  in  another  parish,  it  shall  be  lawful  for 
the  superintendent  holding  the  papers  written  at  the  examina- 
tion for  such  certificate,  upon  the  request  of  any  parish  super- 
intendent, to  transfer  such  papers  to  him,  and  if  found  satis- 
factory, a  certificate  thereon,  of  the  proper  grade,  to  be  for  the 
same  length  of  time  as  the  original  certificate,  may  be  issued  by 
him  to  the  same  effect  as  though  he  had  examined  the  applicant 
himself. 

117.  (Special  Certificates,  S.  55,  A.  214,  '02.) 

Special  certificates  in  studies  of  high  grade  may  be  issued 
on  a  satisfactory  examination  in  branches  to  be  taught  in  any 
special  academic  department,  which  certificates  shall  entitle  their 
holders  to  special  appointment  in  a  department  where  such 
studies  may  be  taught. 

118.  (License  and   Contract   Necessary   to  Teach  in  Public  Schools,  S.  56 

A.  214,  '02.) 

No  person  shall  be  appointed  to  teach  without  a  written  con- 
tract for  the  scholastic  year  in  which  the  school  is  to  be  taught, 
and  who  shall  not  hold  a  certificate  of  a  grade  sufficiently  high 


49 

to  meet  the  requirements  of  the  school ;  unless  he  or  she  holds  a 
certificate  or  diploma  provided  for  by  this  Act,  which  exempts 
him  or  her  from  examination. 

119.  (Teachers  Not  Affected,  S.  57,  A.  214,  '02.) 

Teachers  now  in  position  and  holding  certificates  shall  not 
be  affected  by  the  provisions  of  this  Act,  it  being  the  intention 
thereof  to  have  regard  to  certificates  to  be  issued  in  the  future 
rather  than  those  issued  in  the  past  and  held  by  teachers  now 
employed  and  giving  satisfaction  to  their  boards;  but  all  cer- 
tificates are  revocable,  and  all  teachers  subject  to  examination 
whenever  they  fall  under  the  provisions  of  Section  50  of  this 
Act. 

120.  (Certificates  to  be  Filed  by  the  Teacher,  S.  58,  A.  214,  '02.) 

Each  teacher  of  any  school  in  this  State  supported  wholly 
or  in  part  from  public  money  shall,  before  receiving  any  remu- 
neration for  services  rendered  in  said  capacity,  file  a  certificate 
with  the  person  by  whom  such  payments  are  authorized  to  be 
made  to  the  effect  that  such  teacher  has  faithfully  complied  with 
all  the  provisions  of  this  Act  during  the  entire  period  for  which 
such  payment  is  sought,  and  in  the  manner  specified  in  this  Act ; 
and  no  money  shall  be  paid  to  any  teacher  who  has  not  filed  such 
a  certificate. 

121.  (State  Teacher's  Certificate,  A.  55,  '06.) 

To  obtain  a  State  teach er's  certificate,  the  applicant  must 
be  found  competent  to  teach  all  of  the  subjects  now  required 
for  a  first  grade  teacher's  certificate,  and  also  literature,  cVm- 
istry,  bookkeeping,  Latin,  general  history,  botany,  history  of 
education,  psychology,  and  school  administration;  provided, 
that  the  graduates  of  all  institutions  of  learning  authorized  to 
confer  diplomas  under  the  laws  of  this  State  be  credited  with 
having  passed  a  satisfactory  examination  for  said  State  teacher's 
certificate  in  such  of  the  required  subjects  as,  by  the  president 
of  said  institution,  may  be  certified  to  as  having  been  completed 
in  the  course  of  study  of  the  applicant,  excepting  theory  and  ?rt 
of  teaching,  history  of  education,  phychology,  and  school  admin- 
istration. 

122.  Section  2.    Be  it  further  enacted,  etc.,  That  a  State  teacher's 
certificate  shall  entitle  the  holder  to  teach  in  any  parish  of 


50 

the  State  for  a  term  of  ten  years,  from  date  of  said  certificate, 
after  which  same  may  be  renewed  by  the  State  Board  of  Ex- 
aminers. 

123-  Section  3.  Be  it  further  enacted,  etc.,  That  the  examina- 
tion for  a  State  teacher's  certificate  shall  be  conducted  by  a 
State  Board  of  Examiners,  same  to  consist  of  the  State  Super- 
intendent of  Public  Education,  the  President  of  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College,  and 
the  President  of  the  Louisiana  State  Normal  School,  under  such 
rules  and  regulations  as  may  be  adopted  by  the  said  State  Board 
of  Examiners,  provided  that  it  shall  be  optional  upon  all  teachers 
to  take  advantage  of  this  Act. 

124.  Section  4.  Be  it  further  enacted,  etc.,  That  the  State  Board 
of  Examiners  shall  issue  State  teachers'  certificates  as  provided 
for  in  this  Act. 

125.  (Diplomas  of  Certain  Schools  Valued  Same  as  First  Grade  Certifi- 

cates, S.  59,  A.  214,  '02,  as  amended  by  Act  133,  '06,  as  amend- 
ed   by  Act  174,  '08.) 

The  diplomas  conferred  by  the  Peabody  Normal  School  lo- 
cated at  Nashville,  Tennessee,  upon  graduates  of  that  institu- 
tion, as  also  diplomas  conferred  by  the  State  Normal  School,  at 
Natchitoches,  Louisiana;  as  also  diplomas  conferred  upon  the 
graduates  of  the  City  Normal  School  of  New  Orleans,  Louisiana, 
as  also  diplomas  conferred  upon  the  graduates  of  the  depart- 
ment of  Philosophy  and  Education  of  the  Louisiana  State  Uni- 
versity and  Agricultural  and  Mechanical  College,  as  also  diplo- 
mas conferred  upon  the  graduates  of  the  Teachers'  College  of 
Tulane  University,  as  also  full  diplomas  conferred  upon  grad- 
uates completing  the  course  in  the  Teachers  Training  Depart- 
ment of  all  schools,  or  institutions  of  learning  now  authorized 
by  special  Acts  of  the  General  Assembly  to  confer  diplomas  un- 
der the  laws  of  this  State,  that  will  establish  a  Teachers  Training 
Department  following  a  curriculum  to  be  established  by  the 
State  Board  of  Education,  shall  entitle  the  holders  thereof  to 
a  first  grade  certificate,  valid  in  any  town  or  parish  in  this  State 
for  four  years  from  the  date  of  graduation,  at  the  expiration  of 
which  time  certificates  awarded  to  the  graduates  of  the  Pea- 
body  Normal  School  may  be  renewed  by  the  State  Superintendent 
of  Public  Education,  upon  satisfactory  evidence  of  the  ability, 


51 

progress  and  moral  character  of  applicants  asking  for  such  re- 
newal ;  certificates  awarded  to  the  graduates  of  the  State  Normal 
School  may,  in  like  manner,  be  renewed  at  the  expiration  of 
four  years  by  the  Board  of  Administrators  of  the  said  Normal 
School;  certificates  awarded  to  the  graduates  of  the  Depart- 
ment of  Philosophy  and  Education  of  the  Louisiana  State  Uni- 
versity and  Agricultural  and  Mechanical  College  may,  in  like 
manner,  be  renewed  at  the  expiration  of  four  years  by  the 
Board  of  Administrators  of  said  institution ;  certificates  awarded 
to  graduates  of  the  City  Normal  School,  of  New  Orleans,  in  like 
manner,  may  be  renewed  at  the  expiration  of  four  years  by  the 
Board  of  Directors  by  whom  they  were  originally  issued;  and 
certificates  awarded  to  graduates  of  all  other  institutions  having 
complied  with  the  curriculum  and  having  established  a  Teachers 
Training  Department  as  provided  in  this  Section,  may  be  re- 
newed at  the  expiration  of  four  years  by  the  authority  of  said 
institution  having  originally  issued  said  diploma. 

126.  (Police    Jury    and    Municipal    Tax,   A.   257    of   1910,   amending   the 

Constitution.) 

The  police  juries  of  the  several  parishes  and  boards  of  trus- 
tees and  municipal  councils  of  incorporated  cities  and  towns 
(the  Parish  of  Orleans  excepted)  shall  levy,  collect  and  turn 
over  to  the  parish  school  boards  of  their  respective  parishes  for 
the  support  of  the  public  schools  of  their  respective  parishes, 
cities  or  towns,  the  proceeds  of  at  least  three  mills  of  the  annual 
tax  which  they  are  empowered  to  levy  on  each  dollar  of  the 
assessed  valuation  of  the  property  thereof;  provided  that  cities 
and  towns  that  are  not  exempted  by  the  terms  of  their  charters 
from  the  payment  of  parish  taxes  and  which  are  subjected  to 
the  similar  burdens  of  taxation  as  are  the  parishes  shall  not  pay 
this  tax,  as  same  is  included  in  the  taxes  imposed  by  the  parish 
in  which  the  town  is  situated,  "unless  the  parish  boards  of  school 
directors  of  that  parish  certify  that  the  needs  of  the  schools  can 
be  met  by  a  smaller  levy  of  such  taxes. " 

127.  (Apportionment  of  Current  School  Funds,  S.  62,  A.  214,  '02.) 

The  State  Superintendent  of  Public  Education  shall,  in  the 
months  of  February,  June  and  November,  in  each  year,  appor- 
tion the  funds  appropriated  by  the  General  Assembly  for  the 
support  of  the  public  schools  of  the  State  among  all  the  parishes 


52 

of  the  State  according  to  the  number  of  children  between  the 
ages  of  six  and  eighteen  years  in  each  parish ;  provided,  that  all 
the  poll  tax  collected  in  any  parish  shall  be  appropriated  to  said 
parish.  The  amount  so  apportioned  shall  be  paid  by  the  State 
Treasurer  to  the  school  treasurer  of  each  parish  upon  the  war- 
rant of  the  State  Superintendent  of  Public  Education. 

128.  (Accounts  State  Treasurer  Shall   Keep,  S.  1326,  R.  S.) 

An  account  shall  be  opened  on  the  books  of  the  treasury,  to  be 
called  the  Current  School  Fund;  such  account  shall  be  charged 
with  the  annual  expenditures  for  the  public  schools  and  credited 
with  the  net  receipt  for  the  special  taxes  laid  by  the  General 
Assembly  for  the  support  of  the  public  schools,  and  with  the 
receipts  from  such  other  sources  as  may  be  designated  by  law. 
It  shall  be  the  duty  of  the  Auditor,  in  his  annual  report,  to  pre- 
sent a  statement  of  the  condition  of  s?id  fund,  and  an  estimate 
of  the  special  tax  needed  for  the  support  of  the  public  schools 
during  the  ensuing  year  beyond  the  receipts  for  said  support  from 
other  sources.  It  shall  be  the  duty  of  the  Superintendent  of 
Public  Education  to  furnish  the  Auditor  with  all  information  He 
may  require  for  his  said  report. 

129.  (School   Fund;    How  Applied,  S.  1327,   R.  S.) 

The  Current  School  Fund  shall  be  used  for  the  support  of 
the  public  schools,  and  the  surplus  of  receipts  over  expenditure 
for  any  one  year,  shall  be  appropriated  to  the  support  of  public 
schools  during  the  ensuing  year;  and  the  Act  numbered  224  of 
eighteen  hundred  and  fifty-four,  and  the  Acts  180  and  265  of 
eighteen  hundred  and  fifty-five,  which  direct  said  surplus  to  be 
funded,  be  and  the  same  are  hereby  repealed. 

130.  (Interest  on   United  States   Deposit   Funds,  S.  1328,   R.  S.) 

The  interest  on  the  United  States  deposit  fund  shall  be 
appropriated  to  the  annual  support  of  the  public  schools,  pro- 
vided by  the  Constitution ;  and  it  shall  be  the  duty  of  the  Auditor 
and  Treasurer  annually  to  transfer  from  the  general  fund  of 
the  treasury  to  the  current  school  fund  the  sum  of  twenty-eight 
thousand  seven  hundred  and  ninety-five  dollars  and  fourteen 
cents,  the  amount  of  said  interest. 

131.  (Bonds  and  Fines,  S.  64,  A.  214,  '02.) 

All  fines  imposed  by  the  several  district  courts  for  violation 
of  law,  and  the  amounts  collected  on  all  forfeited  bonds  in 


53 

•criminal  cases,  after  deducting  commissions,  shall  be  paid  over 
by  the  Sheriff  of  the  parish  in  which  the  same  are  imposed  and 
collected,  to  the  treasurers  of  the  school  boards  in  said  parishes, 
and  shall  be  applied  to  the  support  of  the  public  schools  as  arc 
applied  the  other  funds  levied  for  the  purpose,  the  parish  of 
Orleans  excepted. 

132.    (Special  School  Taxes  Authorized,  S.  1,  A.  256  of  1910.) 

Parishes,  wards,  cities,  towns,  villages,  school  districts,  road 
districts,  drainage  districts  and  sub-drainage  districts  are  declared 
to  be  political  sub-divisions  of  the  State,  and  special  taxes  may  be 
levied  and  debt  incurred  and  negotiable  bonds  issued  therefor  as 
hereinafter  provided,  except  that  the  Parish  of  Orleans  and  the 
City  of  New  Orleans  are  exempted  from  the  provisions  of  this  Act. 
The  governing  authority  of  subdivisions  herein  defined  shall  be  for 
parishes,  wards  and  road  districts  within  such  parish,  the  Police 
Jury  of  the  Parish ;  for  cities,  towns  and  villages,  the  municipal 
"boards  thereof ;  for  drainage  and  sub-drainage  districts,  the  drain- 
age commissions  of  the  drainage  district ;  for  school  districts,  the 
school  board  of  the  Parish  in  which  they  are  located,  and  when 
a  school  district  is  composed  of  lands  of  more  than  one  Parish, 
then  the  school  board  of  the  Parish  which  furnishes  the  territory 
in  said  school  district  carrying  the  highest  assessment. 

132-a.     (School    Board   Authorized   to   Call    Elections   for  Special   Taxes, 
S.  2,  A.  256  of  1910.) 

The  Police  Jury  of  any  parish  acting  for  the  parish,  a  ward 
or  road  district  therein  and  the  governing  authorities  of  any 
other  subdivision  as  herein  defined  shall  have  authority  to  call 
a  special  election  for  the  purpose  of  submitting  to  the  property 
taxpayers  who  are  authorized  to  vote  at  such  election  under  the 
•Constitution  and  laws  of  the  State  of  Louisiana,  a  proposition 
to  levy  a  special  tax  not  to  exceed  the  limit  that  is  now  or  may 
hereafter  be  fixed  by  the  Constitution  of  Louisiana  for  the  pur- 
pose of  giving  additional  aid  to  public  lands,  constructing  or 
purchasing  any  work  of  public  improvement  in  keeping  with  the 
objects  and  purposes  for  which  the  subdivision  was  created,  and 
the  title  to  which  shall  vest  in  the  public  or  in  the  subdivision  in 
which  such  tax  is  levied ;  and  at  the  same  election,  similarly  called 
and  held,  a  proposition  may  be  submitted  to  the  property  tax- 


54 

payers  as  to  whether  or  not  they  will  incur  debt  and  issue  nego- 
tiable bonds  therefor  not  to  exceed  ten  (10%)  per  centum  of  the 
assessed  value  of  the  property  for  the  subdivision  calling  said 
election,  to  be  issued  for  the  purpose  of  purchasing  or  construct- 
ing works  of  public  improvement  in  keeping  with  the  objects  and 
purposes  for  which  the  subdivision  was  created,  and  the  title  to 
which  shall  vest  in  the  public  or  subdivision  levying  the  tax. 
That  such  governing  authority  shall  be  required  to  call  an  elec- 
tion for  either  of  the  purposes  above  mentioned  when  requested 
to  do  so  by  the  petition  in  writing  of  one-fourth  of  the  property 
taxpayers  eligible  to  vote  in  said  election. 

132-b.    (Resolution  Calling  the  Election;  Publication,  S.  3,  A.  256,  '10.) 

In  the  resolution  calling  the  election,  the  rate,  object  and 
purpose  for  which  the  tax  is  to  be  levied  and  the  number  of 
years  it  is  to  run,  must  be  stated.  If  the  proposition  is  to  incur 
debt  and  issue  negotiable  bonds  therefor,  the  object  for  which 
the  debt  is  to  be  incurred,  the  number  of  years  it  is  to  run  and 
the  rate  of  interest  to  be  paid  on  same,  shall  be  stated  in  the 
proposition  submitted  to  the  property  taxpayers.  After  such 
resolution  is  passed,  a  notice  of  said  election  shall  be  given, 
embracing  substantially  all  things  that  are  required  to  be  set 
forth  in  the  resolution,  and  shall  set  forth  further  that  the 
authorities  ordering  the  election  will,  in  open  session  to  be  held 
at  an  hour  and  place  named  in  such  notice,  proceed  to  open 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns,  and  declare  the  result 
of  the  election.  Such  notice  shall  be  advertised  for  thirty  days 
in  a  weekly  newspaper  published  in  the  subdivision  or  parish 
in  which  the  tax  is  proposed  to  be  levied,  and  if  there  is  no 
newspaper  published  in  the  parish,  by  posting  in  three  public 
places  in  the  subdivision  ordering  the  election.  Four  weeks' 
publication  in  a  newspaper  shall  constitute  a  publication  for 
thirty  days>  provided  thirty  days  intervene  from  the  date  on 
which  the  publication  is  first  inserted  and  the  day  on  which  the 
election  takes  place. 


55 

133.    (Who  Is  Entitled  to  Vote,  S.  4,  A.  256,  '10.) 

The  property  taxpayers,  qualified  as  electors  under  the  Con- 
stitution and  laws  of  this  State,  shall  be  entitled  to  vote  at  such 
elections,  the  qualifications  of  such  taxpayers  as  voters  to  be 
those  of  age,  residence  and  registration  as  voters;  provided  that 
resident  women  taxpayers  shall  have  the  right  to  vote  at  all 
such  elections  without  registration,  in  person  or  by  their  agents 
authorized  in  writing,  which  written  authorization  shall  be  at- 
tached to  such  agent's  ballots,  respectively;  provided  that,  when- 
ever the  limit  and  boundaries  of  any  municipal  corporation  have 
been  extended  under  the  laws  of  this  State,  and  the  assessment 
roll  that  is  to  include  the  property  in  the  extended  limits  has  not 
already  been  made  for  said  municipal  corporations,  those  who 
have  become  property  taxpayers  of  said  municipal  corporation 
by  the  extension  of  its  limits  and  who  are  qualified  under  the 
Constitution  and  laws  of  this  State  to  vote,  shall  be  permitted 
to  vote  under  this  Act,  and  that  the  assessment  of  the  property 
within  such  municipal  corporation  as  extended  shall,  for  the 
purpose  of  ascertaining  the  assessed  valuation  of  property  herein 
and  for  the  purpose,  of  any  election  under  this  Act,  be  taken 
from  the  last  assessment  roll  of  the  parish. 

133-a.    (Election    Held   Under  Supervision    and    at    Expense    of    School 

Board,  S.  5,  A.  256,  '10.) 

Such  elections  shall  be  conducted  under  the  supervision  and 
at  the  expense  of  the  subdivision  ordering  the  same,  the  govern- 
ing authority  of  which  shall  appoint  for  each  polling  place  three 
commissioners  and  one  clerk  of  election  (all  of  whom  shall  be 
registered  voters),  desginate  the  polling  places,  provide  the  ballot 
boxes,  ballots,  the  necessary  blanks  for  tally  sheets,  lists  of  voters, 
valuations  of  property  and  compiled  statement  of  the  voters  in 
number  and  amount,  and  fix  the  compensation  of  such  election 
officers. 

133-b.    (Duty  of  Registrar  of  Voters,  S.  6,  A.  256,  '10.) 

It  shall  be  the  duty  of  the  registrar  of  voters  to  furnish  the 
commissioners  appointed  to  hold  such  elections  with  the  lists  of 
taxpayers  entitled  to  vote  in  person  or  by  proxy  at  such  elections, 
together  with  the  valuation  of  each  taxpayer's  property  as  shown 
by  the  assessment  roll  last  made  and  filed  prior  to  each  election ; 
provided  that,  when  any  taxpayer's  name  and  valuation  of 


56 


property  shall  be  omitted  from  such  list  or  erroneously  entered 
thereon  the  commissioners  of  election  shall  have  authority  to 
receive  affidavits  of  such  taxpayer's  right  to  vote  and  of  the 
proper  assessed  valuation  of  his  property,  which  affidavit  shall 
be  attached  to  such  taxpayer's  ballot. 

134.    (Manner  of  Challenging  Voters,  S.  7,  A.  256,  MO.) 

Whenever  the  vote  of  any  taxpayer  shall  be  challenged,  the 
commissioners  of  election  shall  receive  in  writing  the  grounds 
of  challenge,  signed  by  the  person  or  persons  challenging  such 
vote,  together  with  the  challenged  taxpayer's  statement  of  his 
asserted  right  to  vote,  and  attach  such  challenge  and  statement 
to  his  ballot. 

134-a.    (Form  of  Ballots,  S.  8,  A.  256,  '10.) 

The  ballots  provided  for  any  election  held  under  the  provi- 
sions of  this  Act  shall  be  of  such  form  as  to  enable  the  voters 
to  vote  in  favor  or  against  the  proposition  submitted,  and  that 
when  more  than  one  proposition  shall  be  submitted  at  the  same 
time,  they  shall  be  so  submitted  as  to  enable  one  voter  to  vote 
on  each  proposition  separately.  The  ballots  to  be  used  at  such 
election  shall  be  in  the  following  form : 

FOR  THE  LEVYING  OF  A  TAX. 


Proposition  to  levy  a 

mill  (Rate) 

tax  on  all  the  property  subject  to  State  taxation  in 

for  the  period 

(Subdivision) 

of for  the  purpose  oi 

(Term) 

(Here  state  the  purpose  of  the  tax) 
Taxable  valuation  $ 


(Signature  of  Voter) 


Yes 


NOTICE  TO  VOTERS:  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (X)  mark  in  the 
square  after  the  word  "Yes;"  to  voteo  against  it  place  a  similar 
mark  after  the  word  "No." 


57 


FOR    THE    ISSUANCE    OF    BONDS, 


Proposition  to  incur   debt   and   issue   bonds  oi 
to  the  amount  of 

• 

(Subdivision) 
(Amount) 
to  run  years   bear* 

(Term) 
ing  interest  at  the  rate  of  

(Rate) 
per  centum  per  annum,  payable  for  the 

(Annually  or  semi-annually)    for  the  purpose  oi 
(Here  state  the  purpose  of  debt) 

Yes 

Taxable  valuation  $  

No 

Signature  of  Voter 

NOTICE  TO  VOTERS:  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (X)  mark  in  the 
square  after  the  word  "Yes;"  to  vote  against  it  place  a  similar 
mark  after  the  word  ' '  No. ' ' 

134-b.     (Manner   of   Selecting    Substitute   Commissioners,    Etc.,   S.   9,   A. 

256,  '10.) 

Whenever  any  commissioner  or  clerk  of  election,  appointed 
as  provided  in  Section  five  of  this  Act  shall  be  unable,  fail,  or 
neglect  to  attend  or  serve  at  the  polling  place  designated  at  the 
hour  fixed  for  the  opening  of  the  polls,  or  within  one  hour 
thereafter,  the  commissioner  or  commissioners  present  shall  ap- 
point, or  in  the  absence  of  all  the  commissioners  the  voters  present 
shall  elect  the  necessary  number  of  commissioners  and  clerks, 
who  shall  have  the  same  powers,  compensation  and  duties  as 
other  commissioners  and  clerks,  to  serve  in  the  place  and  stead 
of  such  absent  or  delinquent  appointees. 

135.    (Oath  of   Election  Officers,  S.  10,  A.  256,  '10.) 

The  commissioners  and  clerks  of  such  elections,  before  open- 
ing the  polls,  shall  be  sworn  to  perform  all  the  duties  incumbent 
on  them  as  such,  the  oath  to  be  taken  before  any  officer  author- 
ized to  administer  oaths,  or  by  the  Clerk  and  each  commmissioner 


58 

before  any  other  commissioner,  such  commissioners  of  election  be- 
ing authorized  to  administer  any  oath  and  to  receive  any  affidavit 
provided  for  in  this  Act. 

135-a.    (Voter's  Name  to  be  Endorsed  on  Ballot,  S.  11,  A.  256,  '10.) 

Each  voter's  name  shall  be  endorsed  by  his  ballot;  provided 
that  ballots  voted  by  proxy  shall  have  endorsed  thereon  the 
names  of  both  of  the  taxpayer  and  of  her  proxy. 

NOTE.— Attorney  General  Guion  rules  that  persons  voting  for  a  special 
school  tax  or  having  to  vote  for  a  proposition  to  fund  taxes  into  bonds  shall 
endorse  their  names  on  the  back  of  the  tickets.  The  voter"s  name  and  the 
value  of  his  property  will  appear  on  the  face  of  the  ticket  in  the  blanks  ar- 
ranged for  this  purpose,  but  the  voter's  name  should  also  be  endorsed  on  the 
back  of  the  ticket. 

135-b.    (Manner  of  Voting,  S.  12,  A.  256,  MO.) 

The  commissioners  of  election  shall  receive  the  ballot  of  each 
voter,  check  his  name,  or  that  of  his  principal,  on  the  list  of 
voters  furnished  by  the  registrar  as  having  voted,  enter  and  num- 
ber his  name,  or  that  of  his  principal,  on  the  list  of  taxpayers 
voting,  and  immediately  deposit  his  ballot  in  the  ballot  box, 
reserving  to  each  voter  the  right  to  so  fold  his  ballot  that  it 
shall  not  be  known  at  the  time  of  his  voting  whether  he  has 
voted  in  favor  of  or  against  the  proposition  or  propositions  sub- 
mitted. 

136.    (Time  of  Opening  and  Closing  Polls,  S.  13,  A.  256,  MO.) 

The  polls  of  election  ordered  and  held  under  the  provisions 
of  this  shall,  on  the  day  appointed  for  any  such  election,  open 
at  seven  o'clock  a.  m.  and  remain  open  until  and  not  later  than 
five  o'clock  p.  m. ;  provided  that  no  election  shall  be  vitiated  by  a 
failure  to  open  the  polls  at  the  time  prescribed  or  by  closing  the 
same  before  the  time  prescribed,  unless,  on  a  contest,  it  be  proven 
that  voters  were  thereby  deprived  of  their  votes  sufficient  in 
number  and  amount  to  have  changed  the  result  of  such  election. 

136-a.    (Manner  of  Compiling  Votes,  S.  14,  A.  256,  MO.) 

That  immediately  after  the  closing  of  the  polls,  the  commis- 
sioners shall,  in  the  presence  of  the  bystanders  proceed  to  open 
the  ballot  boxes,  count  the  ballots  found  in  the  box  and  check 
same  with  the  list  of  voters  kept,  then  proceed  to  count  the  votes 
in  number  and  amount,  keep  in  duplicate  tally  sheets  showing 
the  votes  in  number  in  favor  of  and  against  the  proposition  or 
propositions  submitted  and  showing  valuation  of  property  in 


59 

favor  of  and  against  same,  make  in  duplicate  compiled  state- 
ments of  the  vote  in  number  and  amount,  both  in  favor  of  and 
against  such  proposition  or  propositions;  that  after  swearing  to 
the  correctness  of  the  numbered  list  of  voters,  the  duplicate  tally 
sheets  and  duplicate  compiled  statements,  they  shall  deposit  the 
ballots,  the  registrar's  list  of  voters,  the  numbered  list  of  tax- 
payers voting,  one  duplicate  tally  sheet  and  one  duplicate  com- 
piled statement,  in  the  ballot  box,  immediately  seal  up  said  ballot 
box  and,  within  forty-eight  hours  after  the  closing  of  the  polls, 
deliver  said  sealed  ballot  boxes  with  their  contents  to  the  author- 
ities ordering  such  election  and  shall  within  the  same  delay  de- 
liver the  other  duplicate  tally  sheet  and  the  other  duplicate  com- 
piled statement  to  the  Clerk  of  the  District  Court  of  the  parish 
in  which  such  election  has  been  held,  who  shall  file  the  same  in 
his  office. 

If  the  election  commissioners  on  counting  the  ballots  find 
that  they  do  not  correspond  with  the  list  of  voters,  they  shall 
before  counting  the  ballots,  examine  same  for  the  purpose  of 
finding  the  discrepancy;  and  if  it  should  be  found  that  any  bal- 
lots have  been  duplicated  the  same  shall  be  destroyed,  or  if  it  is 
found  that  the  name  of  the  voter  has  been  omitted  from  the  list 
of  persons  voting,  same  shall  be  added  to  said  list. 

136-b.    (Returns  Canvassed  by  Governing  Authority,  S.  15,  A.  256,  .'10.'/ 

On  the  day  and  at  the  hour  and  place  named  in  the  notice 
ordering  such  election,  the  authorities  under  whose  orders  such 
election  has  been  held,  shall,  in  public  session,  proceed  to  open 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns  and  declare  the  results 
of  such  election,  which  result  they  shall  thereafter  promulgate 
by  publication  in  one  issue  of  the  official  journal,  or  other  news- 
paper of  the  parish,  where  there  is  no  official  journal  or  by  post- 
ing where  no  newspaper  is  published. 

136-c.    (Process  Verbal  Required,    S.     15,  A.  256,  '10.) 

The  authority  ordering  the  election  shall  keep  a  process  verbal 
of  the  manner  in  which  the  ballot  boxes  have  been  opened,  the 
returns  canvassed  and  the  result  of  the  election  ascertained  and 
shall  forward  a  copy  of  said  process  verbal  to  the  Secretary  of 
State,  who  shall  record  the  same,  another  copy  to  the  Clerk  of 


60 

the  District  Court  who  shall  also  record  said  copy  in  the  mort- 
gage records  of  the  parish,  and  the  remaining  copy  shall  be  re- 
tained in  the  archives  of  the  office  of  the  authority  ordering  the 
election. 

136-d.    (Returns  Kept  Three  Months,  S.  16,  A.  256,  '10.) 

The  custodian  of  the  archives  or  records  of  the  authority 
ordering  such  election  shall  preserve,  for  the  term  of  three 
months  from  the  date  of  promulgation  of  such  election,  the 
ballots  and  other  returns  thereof. 

137.    (Election  Incontestible  After  Sixty  Days,  S.  17,  A.  256,  MO.) 

For  a  period  of  sixty  days  from  the  date  of  the  promulgation 
of  the  result  of  any  such  election,  any  person  in  interest  shall 
have  the  right  to  contest  the  legality  of  such  election  for  any 
cause;  after  which  time  no  one  shall  have  any  cause  of  action 
to  contest  the  regularity,  formality,  or  legality  of  said  election 
for  any  cause  whatever.  If  the  validity  of  any  election  held 
tinder  the  provisions  of  this  Act  is  not  raised  within  sixty  days 
herein  prescribed,  then  no  governing  authority  of  any  sub- 
division herein  named,  required  to  levy  a  tax  or  issue  bonds 
as  authorized  at  an  election  or  under  this  Act,  shall  be  permitted 
to  refuse  to  perform  that  duty  and  urge  as  an  excuse  or  reason 
therefor,  that  some  provision  of  the  Constitution  or  law  of 
Louisiana  has  not  been  complied  with,  but  it  shall  be  conclusively 
presumed  that  every  legal  requirement  has  been  complied  with, 
and  no  court  shall  have  authority  to  inquire  into  such  matters 
after  the  lapse  of  sixty  days  as  herein  provided. 

137-a.    (Majority  in   Number  and  Amount  Necessary  to  Carry  an   Elec- 
tion, S.  18,  A.  256,  MO.) 

Any  proposition  submitted  by  the  governing  authority  of 
any  subdivision  as  herein  authorized  either  for  the  purpose  of 
levying  a  tax,  incurring  a  debt,  or  issuing  bonds,  must  be  voted 
for  by  a  majority  in  number  and  amount  of  the  property  tax- 
payers, qualified  as  electors  under  the  Constitution  and  laws  of 
this  State,  voting  at  an  election  held  for  that  purpose  as  herein 
provided,  before  any  such  tax  shall  be  levied,  or  before  any  debt 
shall  be  incurred  or  bonds  issued. 


61 

137-b.    (Duty  of  Governing  Authority  to  Levy  and  Assess  Special  Tax, 
S.  19,  A.  256,  '10.) 

In  the  event  that  any  election  ordered  and  held  as  aforesaid 
shall  result  in  favor  of  the  proposition  to  levy  and  assess  special 
taxes  upon  the  property  subject  to  taxation  in  the  Subdivision, 
the  Police  Jury  for  the  Parish,  Ward  or  Road  District  and  the 
Governing  Authority  of  any  other  Subdivision  named  herein 
shall,  after  the  promulgation  of  the  result  of  such  election  and 
pursuant  to  the  terms  of  the  proposition  submitted  levy  and 
assess  the  said  special  taxes  on  such  property; 

137-c.    (Tax    Not  to    Exceed   Constitutional  Limitation.) 

Provided  that  the  total  rate  of  taxation  so  imposed  shall  not 
exceed  the  Constitutional  limit,  nor  shall  such  tax  run  for  a 
greater  number  of  years  than  the  number  named  in  the  proposi- 
tion submitted,  nor  be  imposed  for  any  other  purpose  than  that 
named  in  such  proposition. 

138.    (Bonds;  Regulations  for  Same,  S.  20,  A.  256,  '10.) 

In  the  event  that  any  election  ordered  and  held  for  the  pur- 
pose of  incurring  debt  and  issuing  negotiable  bonds  therefor 
shall  result  in  favor  of  the  proposition,  the  Police  Juries  for 
their  respective  Parishes,  Wards  or  Road  Districts  and  the  gov- 
erning authorities  of  all  other  Subdivisions  shall,  after  the  pro- 
mulgation of  the  result  of  such  election  and  pursuant  to  the 
terms  of  the  proposition  submitted,  by  resolution  incur  the  debt 
and  issue  negotiable  bonds  therefor,  to  be  signed  by  the  President 
or  Chairman  and  Secretary  of  the  authority  issuing  the  bonds, 
provided  the  bonds  shall  be  issued  for  no  other  purpose  than 
that  stated  in  the  submission  of  the  proposition  to  the  property 
taxpayers,  nor  for  a  greater  amount  than  therein  mentioned, 
nor  for  any  other  purpose  than  the  purpose  set  forth  in  the 
proposition  submitted  to  the  property  taxpayers  and  as  author- 
ized by  the  Constitution  of  the  State,  nor  run  for  a  longer  time 
than  that  named  in  the  proposition  not  exceeding  forty  years  nor 
bear  a  greater  rate  of  interest  than  five  (5)  per  centum  per 
annum,  payable  annually,  nor  issued  for  a  greater  amount  than 
ten  per  centum  of  the  assessed  value  of  the  subdivision,  including 
any  prior  bond  issue  nor  be  sold  by  the  authorities  issuing  same 
for  less  than  par. 


62 

138-a.    (Collection  of  Taxes  Governed  by  General  Laws,  S.  23,  A.  256.  '10.) 

All  the  articles  and  provisions  of  the  Constitution  of  1898 
and  all  the  laws  in  force  or  that  may  be  hereafter  enacted 
regulating  and  relating  to  the  collection  of  State  taxes  and  tax 
sales  shall  also  apply  to  and  regulate  the  collection  of  the  special 
taxes  or  forced  contribution,  imposed  under  the  provisions  of 
this  Act,  through  the  officer  whose  duty  it  shall  be  to  collect  the 
taxes  and  moneys  due  the  municipal  corporation,  parish,  or 
drainage  district,  imposing  such  special  taxes,  or  forced  contribu- 
tions. 

138-b.    (Proceeds  of  Bonds  a  Trust  Fund  for  Payment  of  Interest  and 
Principal  of  Bonds,  S.  24,  A.  256,  '10.) 

The  proceeds  of  the  sale  of  all  bonds  issued  under  the  pro- 
visions of  this  Act  shall  constitute  a  trust  fund,  to  be  used  ex- 
clusively for  the  purpose  or  purposes  for  which  said  bonds  are 
authorized  to  be  issued.  That  any  income  derived  from  the 
particular  improvement  purchased  or  constructed,  when  so  set 
aside  by  resolution  of  the  governing  body  of  the  subdivision, 
shall,  after  the  expense  and  cost  of  maintenance  of  said  improve- 
ments are  paid,  constitute  a  trust  fund  to  be  devoted  to  the  pay- 
ment of  the  interest  on  the  indebtedness  so  contracted,  and  any 
surplus,  after  the  payment  of  such  interest,  shall  be  placed  in 
the  sinking  fund  to  be  used  in  the  extinguishment  of  the  principal 
of  said  obligation  or  bonds  at  maturity. 

138-c.    (Proceeds  of  Special  Taxes  Collected  a  Trust  Fund,  S.  25,  A.  256, 
MO.) 

The  proceeds  of  any  special  tax  which  have  been  voted  for  a 
particular  purpose  as  authorized  by  the  Constitution  and  the 
provisions  of  this  Act  shall  constitute  a  trust  fund  to  be  used 
exclusively  for  the  objects  and  purposes  for  which  the  tax  was 
levied  and  shall  from  year  to  year  as  collected  be  kept  separate 
and  used  for  no  other  purpose  than  the  purpose  for  which  the 
said  tax  was  voted. 

139.    (Sinking  Fund  to  be  Set  Aside,  S.  26,  A.  256,  MO.) 

If  the  bonds  to  be  issued  are  to  be  paid  out  of  funds  realized 
from  a  tax,  an  acreage  tax  or  forced  contribution,  which  tax, 
acreage  tax  or  forced  contribution  is  limited  and  a  fixed  amount 
required  to  be  collected  each  year,  then  the  governing  authority 


63 

issuing  the  bonds  and  levying  the  acreage  tax,  shall,  beginning 
at  a  yearly  period  before  the  maturity  of  such  debt  or  bonds, 
which  period  shall  never  be  less  than  one-fourth  of  the  whole 
term  for  which  said  debt  is  incurred,  or  said  bonds  are  issued,  set 
aside  annually,  from  said  trust  fund  derived  from  said  tax, 
acreage  tax  or  forced  contribution,  a  sinking  fund  for  the  pay- 
ment of  the  principal  of  said  debt  or  said  bonds,  at  least  one 
fraction  of  the  principal  of  said  debt,  or  of  said  bonds,  said 
fraction  to  be  ascertained  by  dividing  the  principal  of  said  debt 
or  of  said  bonds  by  the  remaining  number  of  whole  years  before 
the  maturity  of  said  debt  or  bonds;  and  that  the  sinking  fund 
thus  set  aside  shall  be  sacredly  applied  to  the  payment  of  such 
debt  and  such  bonds.  The  time  from  the  commencement  of  the 
provision  of  a  sinking  fund  as  herein  required,  until  the  ma- 
turity of  the  said  debt  or  of  said  bonds  to  be  known  as  the  re- 
demption period. 

139-a.    (Tax  to  Pay  Principal  and  Interest  Must  be  Levied  Every  Year, 

S.  27,  A.  256,  '10.) 

The  governing  authority  of  a  Subdivision  incurring  debt 
and  issuing  bonds  as  herein  contemplated,  shall  annually,  at 
the  same  time  that  other  taxes  are  levied,  or  at  any  other  time,  in 
addition  to  all  other  taxes  now  authorized  by  the  Constitution 
and  laws  of  the  State  of  Louisiana,  and  in  addition  to  any  special 
tax  that  may  be  levied  at  any  election  called  and  held  for 
that  purpose,  levy  a  tax  sufficient  to  pay  the  interest  and  prin- 
cipal on  said  bonds  becoming  due  the  ensuing  year.  When  a 
period  is  fixed  at  which  such  bonds  shall  begin  to  mature,  the 
total  amount  of  indebtedness  shall  be  divided  among  the  num- 
ber of  years  in  which  payments  are  to  be  made  and  the  prin- 
cipal to  be  paid  each  year,  fixed  at  such  amount  that  when  the 
total  annual  interest  is  added  thereto  the  amount  to  be  paid  each 
year  shall  be  as  nearly  equal  and  uniform  as  possible.  Such  tax 
may  be  levied  and  extended  upon  the  assessment  roll  at  any 
time  prior  to  the  final  collection  of  the  taxes  for  that  particular 
year.  If  the  authority  herein  authorized  to  levy  and  assess  such 
tax  should  fail,  neglect  or  refuse  to  do  so  before  the  completion 
of  the  assessment  rolls,  the  Auditor  of  Public  Accounts  shall  be 
authorized  and  it  shall  be  his  duty  to  name  the  rate  of  such  tax 
and  order  same  extended  upon  the  assessment  rolls  and  collected. 


64 

139-b.    (Maturity  of  Bonds  Must  be  Fixed,  S.  28,  A.  256,  MO.) 

Whenever  a  debt  has  been  authorized  to  be  incurred,  the 
governing  authority  issuing  bonds  to  evidence  such  debt  shall 
fix  a  time  certain  at  which  the  bonds  shall  begin  to  mature, 
which  shall  not  be  longer  than  five  years  from  the  date  of  said 
bonds.  After  fixing  such  date,  then  the  governing  authorities 
shall  fix  the  denomination  of  the  bonds  due  each  year  thereafter 
for  an  amount  that  when  the  annual  interest  is  added  thereto 
the  total  amount  to  be  paid,  including  principal  and  interest, 
each  year  shall  be  as  nearly  equal  as  practicable. 

140.    (Bonds  Shall  be  Registered  by  Secretary  of  State,  S.  31,  A.  256,  MO.i 

All  bonds  issued  by  any  of  the  subdivisions  of  the  State  as 
herein  defined,  shall,  after  the  time  has  elapsed  in  which  the 
validity  of  such  bonds  can  be  contested,  to-wit,  sixty  days  from 
the  date  of  the  promulgation  of  the  result  of  the  election,  in- 
curring the  debt  and  ordering  the  issuing  of  such  bonds,  be  reg- 
istered by  the  Secretary  of  State  and  shall  have  endorsed  thereon 
the  words:  "This  bond  secured  by  a  tax.  Registered  on  this  the 

day  of ,  19 — ,"  and  signed  by  the 

Secretary  of  State  with  the  Great  Seal  of  Louisiana  affixed. 

140-a.    (Election    Officers   Vested    With    Same   Authority   as    in    General 

Elections,  S.  32,  A.  256,  MO.) 

The  commissioners  and  clerks  of  elections  held  under  the 
provisions  of  this  Act  shall  have  the  same  powers  and  duties  in 
conducting  said  elections  and  in  preserving  order  at  the  polls. 
as  are  conferred  and  imposed  upon  such  officers  under  the 
general  election  laws  of  this  State ;  and  that  whatever  is  declared 
in  the  general  election  laws  to  be  a  felony,  other  crime,  or  mis- 
demeanor, shall  be  such  for  any  election  held  under  the  pro- 
visions of  this  Act,  and  shall  be  punished  in  the  same  manner; 
that  any  willful  failure  or  neglect  to  comply  with  the  require- 
ments of  this  Act  or  any  willful  violation  of  same,  by  any  officer, 
agent,  or  employee,  of  any  subdivision  herein  defined,  availing 
itself  of  the  provisions  of  this  Act,  shall  be  a  crime  and  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  with  or  without  hard  labor,  or  by  both  such  fine 
or  imprisonment,  at  the  discretion  of  the  court. 


65 

141.    (All   Special   Tax   Elections  Hereafter,  Governed  by  This  Act,  S.  33, 
A.  256,  MO.) 

Nothing  in-  this  Act  shall  be  held  or  construed  to  in- 
validate, or  render  illegal  the  acts,  proceedings,  elections,  taxes, 
debts,  bonds,  ordinances,  resolutions,  bids,  agreements,  contracts 
or  obligations,  done,  had,  held,  levied,  authorized  to  be  levied, 
incurred,  authorized  to  be  incurred,  issued,  authorized  to  be  is- 
sued, adopted,  accepted,  or  entered  into,  pursuant  to  any  article 
of  the  Constitution,  by  any  subdivision  herein  named  (the  City 
of  New  Orleans  excepted)  prior  to  the  passage  of  this  Act; 
that  any  provision  in  the  charter  of  any  municipal  corporation 
of  this  State  (the  City  of  New  Orleans  excepted)  in  conflict  with 
the  provisions  of  this  Act  for  the  immediate  submission  of  the 
proposition  herein  specified  to  the  property  taxpayers  of  said 
corporation  in  an  election  ordered  by  same  under  this  Act  and 
for  the  immediate  levy  of  said  tax  when  duly  authorized,  be 
and  the  same,  insofar  as  it  is  in  conflict  therewith,  is  hereby 
repealed. 

141 -a.    (Inheritance  Tax;  How  Paid  and  Distributed,  S.  3,  A.  45,  '04.) 

In  all  cases  where  the  inheritance  tax  appears  to  be  due,  it 
shall  be  the  duty  of  the  administrator,  executor,  or  other  officer 
in  charge  of  the  succession,  or  of  the  heir  to  pay  over  to  the  Tax 
Collector  of  the  parish  where  the  succession  is  opened  the  full 
amount  of  said  inheritance  tax  and  to  present  the  receipt  to  the 
judge  before  obtaining  a  discharge  or  of  being  put  in  possession 
of  the  estate ;  the  surety  on  the  bond  of  the  administrator,  exec- 
utor or  other  officer  in  charge  of  the  estate  shall  be  liable  in 
solido  with  the  officer  for  the  full  amount  of  the  inheritance  tax  • 
such  taxes  shall  be  distributed  to  the  several  parishes  in  accord- 
ance with  Article  248  of  the  Constitution. 

(NOTE. — All  Inheritance  taxes  shall  be  remitted  to  the  State  Treasurer, 
who  shall  credit  same  to  Current  School  Fund.) 

141  -b.    (Duty  of   Parish   Superintendent  and   Parish  School   Board,  S.  4, 
A.   45,  '04.) 

It  shall  be  the  duty  of  the  parish  superintendent  and  of  the 
president  of  the  school  board  of  the  City  of  New  Orleans  to 
see  that  this  Act  be  carried  out,  and  that  the  full  amount  of 
the  inheritance  tax  be  duly  collected,  and  it  shall  be  the  duty 


66 

of  the  District  Attorney  for  the  various  parishes  throughout 
the  State,  when  called  upon  by  the  parish  superintendent  or 
the  president  of  the  school  board  in  the  Parish  of  Orleans  to 
take  proceedings  to  enforce  the  provisions  of  this  Act. 

142.  (Inheritance  Tax  in   Favor  of  Public  Schools,  A.  109,  '06.) 

There  is  now  and  shall  hereafter  be  levied,  solely  for  the 
support  of  the  public  schools,  on  all  inheritances,  legacies  and 
other  donations  mortis  causa  to  or  in  favor  of  the  direct  descend- 
ants or  ascendants  of  the  decedent,  a  tax  of  two  per  centum,  and 
on  all  such  inheritances  or  dispositions  to  or  in  favor  of  the 
collateral  relatives  of  the  deceased,  or  strangers,  a  tax  of  five 
per  centum  on  the  amount  of  the  actual  cash  value  thereof  at 
the  time  of  the  death  of  the  decedent. 

143.  (When    Not  to    be   Imposed.) 

Section  2.  Said  tax  shall  not  be  imposed  in  the  following 
cases : 

a.  On  any  inheritance,  legacy  or  other  donation  mortis  causa 
to  or  in  favor  of  any  ascendant  or  descendant  of  the  decedent 
below  ten  thousand  dollars  in  amount  or  value. 

Z>.  On  any  legacy  or  other  donation  mortis  causa  to  or  in 
favor  of  any  educational,  religious  or  charitable  institution. 

c.  When  the  property  inherited,  bequeathed  or  donated  shall 
have  borne  its  just  proportion  of  taxes  prior  to  the  time  of  such 
donation,  bequest  or  inheritance. 

144.  (Manner  of  Taking  Possession  of  Succession.) 

Section  3.  It  shall  be  unlawful  for  any  heir,  legatee  or  other 
beneficiary  of  a  donation  mortis  causa  to  take  or  be  in  possession 
of  any  part  of  the  things  or  property  composing  the  inheritance, 
legacy  or  other  donation  mortis  causa,  or  to  dispose  of  the 
same  or  any  part  thereof,  until  he  shall  have  obtained  the  author- 
ity of  the  court  to  that  effect,  as  hereafter  provided;  and  in 
case  he  shall  so  take  or  be  in  possession  or  shall  so  dispose  of 
such  things  or  property,  or  any  part  thereof,  he  shall  no  longer 
have  the  right  of  renouncing  such  inheritance  or  donation  mortis 
causa,  and  shall  remain  personally  liable  for  the  tax  thereon; 
but  he  may,  without  waiting  for  authority  do  such  acts  as  may 
seem  necessary  to  preserve  the  property  from  waste,  damage 
or  loss. 


67 

144-a.    (Duty  of  Executor.) 

Section  4.  The  executor  of  the  will  of  a  person  deceased,  or 
the  administrator  of  his  succession,  shall,  after  payment  of  his 
debts,  proceed  against  the  tax  collector  and  all  the  heirs  and 
legatees  of  the  deceased  summarily,  by  rule  before  the  court 
which  has  jurisdiction  of  the  succession,  to  fix  the  amount  of  tax 
due  by  each  heir  or  legatee,  and  on  trial  thereof  the  court  shall 
render  judgment  for  the  same  against  each  heir  or  legatee,  with 
interest  and  costs,  as  hereinafter  provided. 

145.  (Amount   of   Taxes  to   be    Deducted   by   Executor.) 

Section  5.  The  executor  or  administrator  shall  thereupon 
pay  to  the  tax  collector  the  amount  of  tax,  with  interest  and 
costs,  so  fixed,  on  each  inheritance,  legacy  or  donation,  out  of 
the  funds  comprised  therein,  if  sufficient.  Should  there  not  be 
sufficient  funds,  the  court  shall,  on  the  application  of  the  heir 
or  legatee,  grant  an  order  for  the  sale  of  the  property  composing 
such  inheritance,  legacy  or  donation,  or  so  much  thereof  as  may 
be  necessary,  for  the  purpose  of  paying  such  judgment.  If  the 
same  be  not  paid  by  the  heir  or  legatee,  or  an  order  of  sale  be 
not  granted,  as  above  provided  within  thirty  days  after  the  date 
of  the  judgment,  the  court  shall,  on  the  application  of  the  ex- 
ecutor or  administrator,  grant  an  order  of  sale  for  the  said 
purpose,  as  above  provided,  and  the  executor  or  administrator 
shall  pay  the  said  judgment  out  of  the  proceeds  of  the  sale. 

Such  sale  shall  be  made  in  such  manner,  and  on  such  terms 
and  conditions  as  the  court  shall  prescribe,  and  the  expense 
thereof  shall  be  borne  by  the  heir  or  legatee. 

146.  (Duty  of  Executor.) 

Section  6.  No  executor  or  administrator  shall  deliver  any 
inheritance  or  legacy  until  the  tax  thereon  shall  be  fixed  and 
paid,  as  herein  provided;  otherwise  he,  together  with  his  surety, 
shall  be  personally  liable  for  said  tax,  with  interest  and  cost. 
And  no  executor  or  administrator  shall  be  discharged  until  it  is 
.shown  that  all  taxes  under  this  Act,  due  by  the  heirs  and  legatees, 
have  been  paid,  or  until  it  is  judicially  determined  by  the  process 
herein  provided  that  no  tax  is  due. 


147.  (Duty  of  Legal  Heir.) 

Section  7.  In  all  cases  in  which  an  administration  is  not  or- 
dered by  the  court,  the  legal  or  instituted  heir,  or  universal 
or  residuary  legatee,  shall  within  six  months  after  the  death 
of  the  decedent,  or,  should  there  be  a  will,  within  the  same  time 
after  the  discovery  of  the  same,  present  to  the  court  a  detailed 
descriptive  list,  sworn  to  and  subscribed  by  him,  of  all  items 
of  property  contained  in  and  composing  the  estate  of  the  de- 
cedent, and  therein  shall  state  the  actual  cash  value  of  each  such 
item  at  the  time  of  the  death  of  the  decedent,  and  service  thereof 
shall  be  made  on  the  tax  collector  who  shall  have  the  right  to 
traverse  the  same.  Should  the  deceased  have  made  special  or 
particular  legacies  or  donations  mortis  causa,  the  legatee  shall 
also  be  served,  and  after  summarily  hearing  the  parties  the  court 
shall  fix  the  amount  of  tax  due  as  aforesaid  by  each  such  heir  or 
legatee,  and  shall  render  judgment  therefor,  with  interest  and 
costs,  against  each  of  them. 

148.  (Amount  of  Tax  to  be  Deducted.) 

Section  8.  In  the  same  manner  as  provided  in  Section  5r 
the  heir  or  universal  or  residuary  legatee  shall  thereupon  pay  or 
take  measures  for  the  payment  of  the  tax  due  on  all  special  or 
particular  legacies  or  donations. 

149.  (Property  May  be  Sold  to  Pay  Taxes.) 

Section  9.  The  heir  or  universal  or  residuary  legatee  may 
likewise  obtain  an  order  for  the  sale  of  the  property  of  his 
inheritance  or  legacy,  or  part  thereof,  for  the  purpose  of  paying 
the  tax  thereon.  But  if  such  tax  be  not  paid,  or  such  order  of 
sale  be  not  made  within  thirty  days  after  the  date  of  the  judg- 
ment fixing  the  amount  of  the  tax,  a  similar  order  for  the  same 
purpose  shall  be  granted  on  the  application  of  the  tax  collector, 
and  thereunder  any  property  forming  part  of  the  inheritance 
or  legacy  may  be  sold,  and  the  proceeds  thereof  shall  be  applied 
to  the  payment  of  the  tax  with  interest  and  costs. 

150.  (Duty  of  Heir  to  See  That  Tax  is  Paid.) 

Section  10.  The  heir  or  residuary  or  universal  legatee  shall 
not  deliver  any  legacy  until  the  tax  thereon  shall  have  been 
fixed  and  paid;  otherwise  he  shall  be  personally  liable  for  the 
said  tax,  with  interest  and  costs. 


69 

151.  (Search  for  Will;   When  Made.) 

Section  11.  If  during  the  six  months  next  following  the 
death  of  any  person  leaving  property,  movable  or  immovable, 
within  this  State,  an  administration  of  his  succession  be  not 
applied  for,  or  his  legal  or  instituted  heir  or  universal  or  residu- 
ary legatee  do  not  apply  to  the  court  to  be  placed  in  possession 
thereof,  as  herein  provided,  the  court  shall  ex  parte  and  on  the 
application  of  the  tax  collector  grant  an  order  directing  that  a 
search  be  made  for  the  will  of  the  deceased  by  a  notary  public, 
and  in  aid  of  the  same  may  order  that  all  persons  having  in  their 
possession  or  control  any  books,  papers  or  documents  of  the 
deceased,  or  any  bank-box,  safe  deposit  vault  or  other  receptacle 
likely  or  designed  to  contain  the  same,  shall  open  such  receptacle 
and  exhibit  the  contents  thereof,  as  well  as  all  other  books,  papers 
and  documents  of  the  deceased,  to  the  said  notary. 

152.  (Court  May  Appoint  Executor.) 

Section  12.  Should  the  said  notary  find  any  document  ap- 
pearing to  be  the  will  of  the  deceased,  he  shall  take  possession 
of  the  same  and  produce  it  in  court;  and  on  application  of  the 
tax  collector,  or  of  any  party  in  interest,  the  court  shall  proceed 
to  the  probate  thereof,  as  now  provided  by  law.  If  an  executor 
be  therein  appointed,  the  person  named  shall  be  notified,  and  if 
he  do  not  within  ten  days  after  notification  accept  the  appoint- 
ment, and  if  within  the  ten  days  next  following  this  delay  no 
person  entitled  to  be  appointed  dative  testamentary  executor 
shall  apply  for  the  appointment,  then  the  Public  Administrator 
in  the  Parish  of  Orleans,  and  in  the  other  parishes  the  tax  col- 
lector, shall  be  appointed  dative  testamentary  executor  of  the  said 
decedent,  and  the  administration  of  his  succession  shall  proceed 
as  herein  directed  and  according  to  existing  law. 

153.  (Procedure  Where  No  Will  is  Found.) 

Section  13.  If  the  notary  can  find  no  will,  he  shall  report 
the  fact  to  the  court ;  and  thereupon  the  tax  collector  shall  pro- 
ceed against  the  legal  heir  or  heirs  of  the  deceased  summarily 
by  rule  to  fix  the  amount  of  tax  due  by  him  or  them,  and  each 
of  the  heirs  shall  be  ordered,  within  a  delay  to  be  fixed  by  the 
court,  which  may  be  extended  from  time  to  time  in  the  discre- 
tion of  the  court,  to  make  and  file  a  detailed  descriptive  list, 


70 

sworn  to  and  subscribed  by  him,  of  all  the  items  of  property 
contained  in  and  composing  the  estate  of  the  decedent,  stating 
therein  the  actual  cash  value  of  each  such  item  at  the  time  of  the 
death  of  the  decedent,  and  the  tax  collector  shall  have  a  right 
to  traverse  the  same.  On  trial  of  the  rule  the  court  shall  fix  the 
amount  of  tax  due  by  each  of  the  heirs,  and  shall  render  judg- 
ment for  the  same  against  each  of  them,  and  in  such  case,  as 
well  as  in  the  cases  mentioned  in  Section  12,  shall  include  in 
the  costs  payable  by  the  heir  or  legatee  a  fee  of  not  more  than 
ten  per  cent,  on  the  amount  of  tax  due  by  each  heir  or  legatee 
in  favor  of  the  attorney  for  the  tax  collector.  In  the  same 
manner  and  under  the  same  conditions  as  provided  in  Sections 
5  and  9  of  this  Act,  such  heirs  or  legatees  shall  have  the  right  to 
procure  the  sale  of  their  inheritances  or  legacies  for  the  pur- 
pose of  paying  the  tax  due  thereon,  with  interest,  costs  and  at- 
torneys fees;  and  if  payment  thereof  be  not  made  by  the  heir 
or  legatee,  or  if  an  order  of  sale,  as  above  provided,  be  not 
granted,  within  thirty  days  after  the  date  of  the  judgment, 
the  tax  collector  shall  be  entitled  to  a  similar  order,  and  there- 
under any  property  forming  part  of  the  inheritance  or  legacy 
may  be  sold. 

154.  (Any    Heir   May    Institute    Proceedings   and    Receive    Fee.) 

Section  14.  Should  there  be  more  than  one  legal  or  instituted 
heir  or  universal  or  residuary  legatee  any  one  of  them  may 
institute  the  proceedings  provided  by  this  Act,  and  the  others 
shall  be  made  parties  thereto  and  such  heir  shall  be  entitled  to 
recover  out  of  the  mass  of  the  succession  one  reasonable  attor- 
oney's  fee,  besides  his  costs. 

155.  (Rights   of   Creditors    Preserved.) 

Section  15.  Nothing  contained  in  this  Act  shall  affect  the 
rights  of  creditors  of  persons  deceased  or  the  rights  of  the  cred- 
itors of  the  heirs  or  legatees  of  such  persons,  as  established  by 
the  general  law. 

156.  (Legacy   Indivisible.) 

Section  16.  Each  inheritance  or  legacy  is  indivisible,  and 
must  be  accepted  or  renounced  for  the  whole;  and  the  heir  or 
legatee  shall  not  be  entitled  to  be  placed  in  possession  of  the 
same,  and  shall  be  without  right  or  capacity  to  alienate  any 


71 

part  thereof,  until  the  tax  on  the  whole  shall  have  been  fixed 
and  paid,  or  until  it  shall  have  been  judicially  determined,  in 
the  manner  herein  provided,  that  no  part  of  the  same  is  subject 
to  the  tax  imposed  by  this  Act. 

157.  (Prohibiting  Delivery  of  Effects  Before  Tax  is  Paid.) 

Section  17.  No  bank,  banker,  trust  company,  warehouseman, 
or  other  depository  and  no  person  or  corporation  or  partnership 
having  on  deposit  or  in  possession  or  control  any  moneys,  credits, 
goods  or  other  things  or  rights  of  value  for  a  person  deceased, 
or  in  which  he  had  any  interest,  and  no  corporation  the  stock  or 
registered  bonds  of  which  are  owned  by  a  person  deceased  shall 
deliver  or  transfer  such  moneys,  credits,  stock,  bonds,  or  other 
things  or  rights  of  value  to  any  heir  or  legatee  of  such  deceased 
person,  unless  the  tax  due  thereon  under  this  Act  shall  have 
been  paid,  or  unless  it  be  judicially  determined  in  the  manner 
herein  prescribed  that  no  tax  is  due  by  such  heir  or  legatee. 
Otherwise  the  person  or  corporation  so  making  delivery  or  trans- 
fer shall  be  liable  for  the  said  tax.  But  the  order  of  a  court 
of  competent  jurisdiction,  directing  such  delivery  or  transfer, 
shall  be  full  authority  for  the  same. 

158.  (Burden   of  Proof.) 

Section  18.  The  burden  of  proving  facts  establishing  ex- 
emption from  the  tax  imposed  by  this  Act  is  upon  the  person 
claiming  exemption. 

159.  (Jurisdiction.) 

Section  19.  The  District  Court  of  the  last  domicile  of  the 
deceased,  and  in  the  Parish  of  Orleans  the  Civil  District  Court, 
shall  have  original  jurisdiction  to  hear  and  determine  all  the 
proceedings  provided  by  this  Act.  In  the  case  of  a  non-resident 
decedent,  the  District  Court,  or  Civil  District  Court,  of  any 
parish  in  which  he  left  property,  movable  or  immovable,  shall 
exercise  such  jurisdiction,  and  the  court  in  which  such  proceed- 
ings shall  be  first  begun  shall  have  exclusive  original  jurisdiction 
-  thereof. 

160.  (Unknown    Heirs.) 

Section  20.  Non-residents  and  unknown  heirs  and  legatees, 
and  those  whose  whereabouts  are  unknown,  shall  be  represented 


72 

by  curator  ad  hoc  appointed  by  the  court,  and  all  notices,  cita- 
tions and  demands  prescribed  by  this  Act  shall  be  served  on  such 
officers.  Though  there  be  in  any  case  more  than  one  unknown 
or  absent  heir  or  legatee,  all  may  be  repreesnted  by  the  same 
curator. 

161.  (Commissions   of  Tax  Collectors.) 

Section  21.  The  tax  collector  spoken  of  and  intended  by  this 
Act  is  the  Sheriff  and  ex-officio  Tax  Collector  of  the  parish  in 
which  was  the  last  residence  of  the  decedent,  or  in  which  is  situ- 
ated property  of  a  non-resident  decedent,  and  in  the  Parish  of 
Orleans  the  Clerk  of  the  Civil  District  Court.  They  shall  re- 
ceive a  commission  of  two  per  cent  on  their  collections  of  taxes 
under  this  Act. 

162.  (Compensation   of   Attorneys.) 

Section  22.  In  and  for  the  Parish  of  Orleans  the  Governor 
shall  appoint  by  and  with  the  advice  and  consent  of  the  Senate, 
for  a  term  of  four  years,  an  attorney  at  law,  whose  duty  it  shall 
be  to  advise,  assist  and  represent  the  Clerk  of  the  Civil  District 
Court  in  the  enforcement  of  this  Act.  For  his  services,  except 
as  provided  in  Sections  12  and  13,  he  shall  receive  a  fee  of  four 
per  cent,  on  all  taxes  collected  hereunder,  payable  out  of  the  same 
before  transmission  to  the  Treasury.  In  all  other  parishes  of 
the  State  the  said  duties  shall  be  performed  by  the  attorneys 
appointed  under  existing  law  to  assist  the  tax  collectors  in  the 
collection  of  delinquent  licenses,  and  the  compensation  of  such 
attorney  shall  be  as  above  provided. 

•» 

163.  (Method  of  Fixing  Value  of  Annuity.) 

Section  23.  In  fixing  the  value  of  any  legacy  or  donation 
mortis  causa  which  consists  in  whole  or  in  part  of  an  annuity 
or  usufruct  or  right  of  use  or  habitation,  the  court  shall  consider 
the  expectancy  of  life  of  the  legatee  or  donee  according  to  the 
table  known  as  the  American  Experience  Table  of  Mortality,  at 
six  per  cent,  per  annum  compound  interest. 

164.  (Delinquent   Penalty.) 

Section  24.  Taxes  hereby  levied  shall  bear  interest  at  the 
rate  of  two  per  cent  per  month,  beginning  six  months  after  the 
death  of  the  decedent;  saving  to  any  heir,  legatee,  or  donee  the 
right  to  stop  the  running  of  interest  against  him  by  paying  the 


73 

amount  of  his  tax  with  accrued  interest,  or  by  tendering  the  same 
to  the  tax  collector  in  the  manner  prescribed  by  the  general  law ; 
provided,  however,  that  in  cases  in  which  the  settlement  of  the 
succession  is  not  unduly  delayed,  or  in  which  the  right  of  any 
party  to  receive  an  inheritance  or  legacy  is  contested,  and  in  all 
cases  in  which  the  failure  to  pay  tax  on  any  legacy  or  inherit- 
ance within  the  period  aforesaid  is  not  imputable  to  the  laches 
of  the  heir  or  legatee,  the  court  may,  in  its  discretion,  remit  such 
interest. 

165.  (Costs  to  be  Borne  by  the  Succession.) 

Section  25.  The  costs  of  all  the  proceedings  under  this  Act 
shall  be  borne  by  the  mass  of  the  succession;  provided,  that  in 
cases  in  which  it  seems  to  him  equitable  to  do  so  the  judge  shall 
have  the  power  to  apportion  the  costs  among  the  several  parties, 
or  allow  any  party  to  retain  his  costs  out  of  any  sum  found  to 
be  due  by  him  for  tax  hereunder.  Provided,  the  provisions  of 
this  Act  shall  affect  all  successions  not  finally  closed,  or  in  which 
the  f  nal  account  has  not  been  filed. 

166.  (Assessing  the  Poll  Tax,  S.  1,  A.  89,  '88.) 

The  Tax  Assessors  throughout  the  State  be  and  they  are 
hereby  required  to  render  to  the  School  Boards  of  their  respective 
parishes,  annually,  by  the  first  Saturday  of  October,  a  complete 
schedule  list,  by  wards,  of  all  persons  liable  to  pay  poll  tax  in 
their  respective  parishes.  If  any  Assessor  fails  to  comply  with 
the  requirements  of  this  Act,  the  failure  shall  be  cause  for  re- 
moval ;  besides,  he  shall  be  subject  to  a  fine  of  $250,  for  the  benefit 
of  the  public  schools  in  the  parish  in  which  the  delinquent  officer 
resides,  and  in  which  he  is  the  Assessor.  In  the  City  of  New 
Orleans  the  Board  of  Assessors  shall  comply  with  the  require 
ment  of  this  Act,  and  in  the  event  of  failure,  shall  be  subject 
to  dismissal  and  penalty  as  before  provided.  (See  Arts.  231  and 
252,  Constitution  of  1898). 

167.  (Returns  of  Collections,  8.  2,  A.  89,  '88.) 

The  Sheriffs  and  Tax  Collectors  in  their  respective  parishes, 
shall  return,  by  the  first  Saturday  of  February,  of  each  and  every 
year,  to  the  School  Boards  of  their  respective  parishes,  a  list  pred- 
icated upon  the  list  mentioned  by  wards,  showing  all  persons  Li 
the  parishes,  respectively,  who  have  paid  their  poll  tax,  as  well 


74 

as  persons  who  have  not  paid  the  same,  and  shall  return  their 
reasons  in  writing  and  under  oath,  the  cause  in  each  instance 
of  the  non-payment  of  a  poll  tax,  and  why  they  have  not  collected 
the  tax  not  collected. 

168.  (Penalties,  S.  3,  A.  89,  '88.) 

If  the  said  Sheriff  or  Tax  Collector  fails  to  show  cause  why 
the  said  poll  tax  has  not  been  collected,  he  shall  be  responsible 
for  and  shall  pay  the  poll  taxes  he  has  failed  to  collect,  and  shall 
be  held  liable  with  his  securities  on  his  official  bond  for  the  pay- 
ment of  said  tax. 

169.  (Rules  for  Non-Compliance,  S.  4,  A.  89,  '88.> 

The  Sheriff  can  be  made  to  show  cause  why  the  said  poll  tax 
has  not  been  collected,  at  chambers,  before  the  district  judge, 
after  service  of  rule  and  three  days  have  elapsed  after  service. 

170.  (Receipt  for  the  Poll  Tax,  S.  1,  A.  87,  '86.) 

Before  any  persons  serving  as  jurors  or  witnesses  in  criminal 
cases  shall  receive  the  compensation  to  which  they  are  entitled 
for  their  mileage  and  per  diem,  they  shall  exhibit  to  the  clerk 
of  the  court  a  receipt  for  the  poll  tax  or  taxes  due  by  them. 

171.  (Deduction  of  Witnesses'  and  Jurors'  Compensation,  for  Poll  Tax, 

S.  2,  A.  87,  '86.) 

On  their  failure  to  produce  such  receipt  the  clerk  of  court 
or  other  officer,  issuing  certificates  or  warrants  for  their  mile- 
age and  per  diem,  shall  issue  certificates  or  warrants  for  amounts 
less  the  poll  tax  due,  and  shall  issue  the  certificate  or  warrants 
for  amounts  so  reserved  for  poll  tax,  to  the  treasurer  of  the 
school  board  of  the  parish,  who  shall  collect  same. 

172.  (Report  by  the  Clerk  of  Court,  S.  3,  A.  87,  '86.) 

The  clerk  of  court  or  other  officer,  issuing  such  certificates  or 
warrants,  shall  report  to  the  tax  collector  of  the  parish  the  names 
of  all  persons  from  whom  he  has  reserved  amounts  for  poll  tax, 
and  the  tax  collector  shall  give  such  person  credit  for  such  poll 
tax. 

NOTE. — The  custom  of  some  tax  collectors  of  claiming  and  collecting  com- 
missions for  the  retention  of  polls  by  the  Clerk  of  Court  is  without  foundation 
in  law,  as  the  tax  collector  in  no  sense  collects  the  tax  and  is  entitled  to  no 
commission  thereon. 


75 

173.  (Poll  Tax  Collections  of  Orleans,  S.  1,  A.  56,  '94.) 

The  collection  of  poll  taxes  in  the  Parish  of  Orleans,  to- 
gether with  all  the  processes,  commissions  and  obligations  inci- 
dent thereto  as  now  provided  by  law,  are  vested  in  the  treasurer 
of  the  City  of  New  Orleans. 

174.  (Election  on  Sale  of  School  Lands,  S.  2958,  R.  S.) 

It  shall  be  the  duty  of  the  parish  treasurers  of  the  several 
parishes  in  this  State  to  have  taken  the  sense  of  the  inhabitants 
of  the  township,  to  which  they  may  belong,  any  lands  heretofore 
reserved  and  appropriated  by  Congress  for  the  use  of  schools, 
whether  or  not  the  same  shall  be  sold,  and  the  proceeds  invested 
as  authorized  by  an  Act  of  Congress,  approved  February  15, 
1843.  *  *  Polls  shall  be  opened  and  held  in  each  town- 
ship after  advertisement,  for  thirty  days,  at  three  of  the  most 
public  places  in  the  town,  and  at  the  courthouse  door,  and  the 
sense  of  the  legal  voters  therein  shall  be  taken  within  the  usual 
hours,  and  in  the  usual  manner  of  holding  elections,  which  elec- 
tions shall  be  held  and  votes  received  by  a  member  of  the  parish 
school  board  or  a  justice  of  the  peace ;  and  if  a  majority  of  the 
legal  voters  be  in  favor  of  selling  the  school  lands  therein,  the 
same  may  be  sold,  but  not  otherwise.  The  result  of  all  such  elec- 
tions shall  be  transmitted  to  the  parish  treasurer,  and  by  him  to 
the  State  Superintendent. 

175.  (Survey,  S.  2959,   R.  S.) 

Before  making  sale  of  the  school  lands  belonging  to  the  State, 
it  shall  be  the  duty  of  the  parish  treasurer,  or  other  persons 
whose  duty  it  may  become  to  superintend  the  sales,  to  cause  a 
resurvey  of  such  lines  as  from  any  cause  may  have  become  oblit- 
erated or  uncertain;  and  for  this  purpose  he  is  authorized  to 
employ  the  parish  surveyor,  or  on  his  default,  any  competent 
surveyor;  and  the  lines  thus  surveyed  shall  be  marked  in  such 
manner  as  to  enable  those  interested  to  make  a  thorough  exam- 
ination before  sale,  and  all  advertisements  made  for  the  sale  of 
such  lands  shall  contain  a  full  description  thereof  according  to 
the  original  survey  and  that  required  by  this  section.  The  ex- 
penses of  the  survey  shall  be  paid  by  the  Auditor  of  Public  Ac- 
counts out  of  the  proceeds  of  the  sale  of  the  lands  on  the  war- 
rants of  the  parish  treasurer. 

NOTE. — The  State  is  the  trustee  of  these  lands  or  of  the  proceeds  of  their 
sale  for  the  use  of  the  inhabitants  of  the  township  in  which  they  are  located — 
vide,  Board  of  School  Directors  vs.  Ober,  32  A.  419. 


76 

175-a.    (Rights  of  Way  May  be  Granted  to  the  United  State?  by  the 
School  Boards,  A.  14,  '08.) 

The  Parish  Board  of  School  Directors  of  any  parish  within 
the  State  shall  have  authority  by  resolution  duly  passed  by  said 
board,  when  in  its  judgment  it  is  to  the  manifest  interest  of  the 
public  in  general,  and  in  order  to  facilitate  the  construction, 
maintenance  and  operation  of  canals,  or  a  portion  of  a  canal,  or 
branch  of  any  canal,  constructed  by  or  under  the  authority  of 
the  United  States  for  the  purpose  of  transportation  or  for  pur- 
poses of  extension  or  improvement  of  the  public  waterways,  to 
donate  to  the  United  States  of  America  rights  of  way  over  and 
across  any  of  the  lands  belonging  to  the  public  schools  located 
within  the  parish  in  which  said  board  is  constituted  or  organized, 
which  grant  or  donation  may  be  made  without  any  previous  ad- 
vertisement thereof,  when  authorized  by  a  resolution  of  said 
board  to  sign  an  act  of  conveyance  evidencing  such  grant  or 
donation;  provided,  however,  that  the  said  Parish  Boards  of 
School  Directors  shall  in  every  case  reserve  the  right  to  control, 
occupy  and  use  any  part  of  said  rights  of  way  not  actually 
needed  by  the  United  States  in  the  manner  and  to  the  same 
extent  as  before  conveying  said  rights  of  way,  and  also  the  right 
to  transfer,  lease,  quit-claim,  or  otherwise  dispose  of  the  said 
rights  of  way  and  every  part  thereof,  subject  to  the  grant  made 
to  the  United  States. 

176.    (Sale  on  the  Order  of  the  Auditor,  S.  2960,  R.  S.) 

If  the  majority  of  the  votes  taken  in  a  township  shall  give 
their  assent  to  the.  sale  of  the  lands  aforesaid,  the  parish  treas- 
urer shall  forthwith  notify  the  Auditor  of  Public  Accounts  of  the 
vote  thus  taken,  and  upon  his  order  the  said  lands  shall  be  sold 
by  the  parish  treasurer,  at  public  auction,  before  the  courthouse 
door,  by  the  sheriff  or  an  auctioneer  to  be  employed  by  the 
treasurer  at  his  expense,  to  the  highest  bidder,  in  quantities  not 
less  than  40  acres,  nor  more  than  160,  after  having  been  pre- 
viously appraised  by  three  sworn  appraisers,  selected  by  the 
parish  treasurer  and  recorder  of  the  parish,  after  thirty  (30) 
days  advertisement,  but  in  no  case  at  a  less  sum  than  the  ap- 
praised value,  payable  on  a  credit  of  ten  years,  as  follows :  ten 
per  cent  in  cash  and  the  balance  in  nine  annual  installments,  the 
interest  to  be  paid  on  the  whole  amount,  annually,  at  the  rate  of 
eight  per  cent  per  annum ;  the  notes  shall  be  made  payable  to  the 


77 

Auditor  of  Public  Accounts,  secured  by  special  mortgage  on  the 
land  sold,  and  personal  security  in  solido,  until  final  payment  of 
principal  and  interest;  in  event  of  the  purchaser  neglecting  or 
refusing  to  pay  any  of  these  installments  or  interest  at  maturity, 
the  mortgage  shall  be  forthwith  closed,  and  the  parish  treasurer 
is  hereby  authorized  to  advertise  and  sell  the  land  as  before  pro- 
vided for,  and  further  authorized  and  required  to  execute  all 
acts  of  sale  on  behalf  of  the  State  for  any  such  lands  sold,  to 
receive  the  cash  payment  and  notes  given  for  the  purchase,  which 
shall  be  made  payable  to  the  State  Treasurer,  and  to  place 
the  same  in  the  office  of  the  Auditor  of  Public  Accounts  for 
collection;  all  cash  received,  either  for  principal  or  interest, 
from  said  sales  shall  be  transmitted  by  him  to  the  State  Treas- 
urer, and  any  moneys  thus  received  into  the  State  Treasury 
from  sales  aforesaid  shall  bear  interest  at  the  rate  of  four  per 
cent  per  annum,  and  be  credited  to  the  township  to  which  the 
same  belongs  according  to  the  provisions  of  the  Act  of  Congress. 
The  parish  treasurer  shall  forthwith  notify  the  State  Super- 
intendent of  the  results  of  all  sales  made  by  him.  The  parish 
treasurer  shall  be  authorized  to  receive  the  whole  amount  bid 
for  the  lands,  deducting  the  eight  per  cent  interest  which  the 
credits  will  bear.  (See  Supreme  Court  decision  as  to  price,  etc.) 

NOTE. — The  above  Act  has  been  amended  by  A.  57  of  '84,  changing  6  per 
cent  to  4  per  cent. 

177.  (Sale  of  Uninhabitable  Lands,  S.  1,  A.  168,  '94.) 

All  sixteenth  section  lands  located  in  a  township  not  habita- 
ble by  reason  of  the  land  being  swamp  or  sea  marsh,  the  school 
board  of  the  parish  in  which  such  lands  are  located  may  present 
an  application  for  sale  of  such  sixteenth  section  land  to  the  Aud- 
itor of  Public  Accounts,  in  which  they  shall  set  forth  the  location 
of  the  township,  its  character  and  the  reason  upon  which  a  sale  is 
desired,  and  upon  receipt  of  such  application  duly  signed  by  the 
president  and  secretary  thereof,  the  Auditor  may  authorize  the 
sale,  if  in  his  judgment  a  sale  should  be  made. 

178.  (Sale  Conducted  in  the  Same  Manner  as  Others,  S.  2,  A.  168,  '94.> 

In  case  a  sale  is  ordered  as  provided  for  in  Section  1  of  this 
Act,  the  parish  treasurer  shall  make  such  sale  in  the  same  man- 
ner, and  upon  the  terms  and  conditions  as  is  now  provided  by 
law,  for  the  sale  of  sixteenth  section  lands;  provided  this  Act 
shall  not  apply  to  sixteenth  sections  now  leased  to  parties  for  a 
term  of  years. 


78 

179.  (Sale  of  Sections  Divided  by  Parish  Lines,  A.  147,  '57.) 

When  the  sixteenth  section  of  any  township  is  divided  by 
a  parish  line,  the  treasurer  of  the  parish  in  which  a  greater 
portion  of  the  section  may  lie,  shall  proceed  to  take  the  sense  of 
the  people  of  the  township,  and  to  sell  the  same  as  provided  by' 
law,  as  if  the  whole  section  lay  in  his  parish;  provided,  that 
the  same  shall  be  advertised  at  the  courthouses  of  both  parishes. 

180.  (Treasurer's  Commission,  A.  33,  '59.) 

Parish  treasurers  of  the  several  parishes  shall  be  entitled 
to  retain  out  of  the  proceeds  of  the  sale  of  sixteenth  sections 
effected  by  them  a  percentage  of  two  and  one-half  on  the  amount 
of  said  sales,  to  be  deducted  from  the  cash  payment,  and  the 
same  shall  be  in  full  compensation  of  their  services. 

181.  (Proceeds  of  Lands  Accruing  to  Townships,  S.  2963,  R.  S.) 

All  moneys  that  have  been  or  may  hereafter  be  received  into 
the  State  Treasury,  and  the  interest  that  has  or  may  accrue 
thereon  from  the  sale  of  sixteenth  sections  of  school  lands 
or  the  school  land  warrants  belonging  to  the  various  townships 
in  the  State,  shall  be  placed  to  the  credit  of  the  township,  and 
should  the  people  of  any  township  desire  to  receive  for  the 
use  of  the  schools  therein,  the  annual  interest  payable  by  the 
State  on  funds  deposited  to  their  credit,  or  the  annual  proceeds 
of  the  loans,  the  parish  treasurer  shall,  on  the  petition  of  five 
legal  voters  in  any  such  township,  order  an  election  to  be  held 
in  the  township,  as  provided  for  the  sale  of  township  lands ;  and 
if  a  majority  of  any  number  of  votes  above  seven  be  in  favor  of 
receiving  annually  the  accruing  interest  as  aforesaid,  the  samj 
shall  be  paid  to  the  treasurer  of  the  parish  for  the  use  of  the 
township  or  district;  otherwise  the  interest  shall  be  an  accu- 
mulating fund  to  their  credit  until  called  for. 

182.  (Mode  of  Annulling  Sales,  S.  2965,  R.  S.) 

In  all  cases  of  the  sale  of  the  school  lands  known  as  sixteenth 
sections,  heretofore  made,  where  the  purchase  money  has  not 
been  paid,  the  purchaser  or  purchasers  shall  have  the  right  to 
annul  the  sale  upon  application  to  the  district  court  of  the  par- 
ish where  the  land  is  situated;  provided,  that  the  judgment  of 
nullity  shall  be  obtained  at  the  cost  of  the  applicant  and  con- 
tradictorily with  the  district  attorney,  in  conjunction  with  the 
school  directors  of  the  district  in  which  said  land  is  situated, 


79 

who  shall  be  made  a  party  defendant  in  such  suit;  provided, 
also,  that  it  shall  appear  upon  the  hearing  that  the  value  of  the 
land  has  not  been  impaired  by  any  act  of  the  purchaser;  and 
provided  further,  that  nothing  in  this  Act  shall  be  so  construed 
as  to  entitle  the  said  purchaser  to  repayment  of  any  part  of 
the  purchase  money  already  paid. 

183.  (Auditor's  Duty  in  the  Collection  of  Notes,  S.  1,  A.  57,  '84.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  im- 
mediately on  the  passage  of  this  Act,  to  forward  for  collection 
to  the  treasurer  of  the  school  board  in  their  respective  parishes 
throughout  the  State,  all  the  notes  given  for  the  purchase  price 
of  sixteenth  sections,  or  any  part  thereof,  known  as  free  school 
lands,  whenever  any  installment  of  said  purchase  price  has 
become  due  or  may  become  due,  and  it  shall  be  the  duty  of  said 
treasurer  of  the  parish  school  board  to  receive  and  receipt  for 
same. 

184.  (School    Board  Treasurer's   Duty  in  the  Collection  of   Notes,  S.  2, 

A.  57,  '84.) 

It  shall  be  the  duty  of  the  treasurer  of  the  parish  school 
board,  on  receipt  of  the  notes  due  and  given  for  said  sixteenth 
sections,  to  immediately  notify  the  principal  and  his  sureties,  in 
writing,  of  the  amount  of  said  note,  principal  and  interest,  due 
and  unpaid;  provided,  said  lands  for  which  said  notes  were 
given  are  still  in  possession  of  the  original  purchaser,  and  if  in 
the  possession  of  other  parties,  such  possessor  shall  also  be  like- 
wise notified  of  all  the  demands  principal  and  interest,  against, 
said  lands,  and  if  all  the  demands  against  the  same  be  not  satis- 
fied within  thirty  days  from  said  notice,  it  shall  be  the  duty  of 
the  treasurer  of  the  parish  school  board  to  turn  over  said  notes 
to  the  district  attorney  for  said  district,  or  other  attorney  selected 
by  the  school  board,  for  suit;  and  provided  further,  that  said 
notice  shall  serve  as  a  bar  to  prescription,  which  shall  only  begin 
to  run  from  the  service  of  said  notice. 

185.  (Attorney's  Duty  in  the  Collection  of  Notes,  S.  3,  A.  57,  '84.) 

It  shall  be  the  duty  of  said  attorney  to  proceed  without 
delay,  by  all  necessary  legal  processes,  and  without  depositing 
clerk's  or  sheriff's  costs,  or  giving  security  therefor,  to  collect 
all  such  notes  as  may  be  turned  over  to  him  by  said  treasurer 
of  the  parish  school  board,  and  given  for  sixteenth  sections, 


80 

known  as  free  school  lands,  and  if  any  of  the  conservatory  writs 
should  be  found  to  be  necessary  in  order  to  aid  in  said  collection, 
it  shall  be  lawful  to  issue  the  same,  without  giving  bond  as 
required  in  other  cases. 

186.  (Attorney's  Compensation,  S.  4,  A.  57,  '84.) 

The  said  attorney  shall  receive  ten  per  cent  of  all  moneys 
collected  by  him  on  notes  given  for  sixteenth  sections,  and  after 
deducting  said  ten  per  cent  he  shall  turn  over  the  remainder  to 
the  treasurer  of  the  school  fund  for  the  parish  in  which  the  lands 
are  situated,  and  the  same  shall  be  transmitted  through  the 
Auditor  of  Accounts,  by  said  treasurer,  to  the  State  Treasurer; 
and  any  moneys  thus  received  into  the  State  Treasury  from 
said  collections  shall  bear  interest  at  the  rate  of  four  per  cent 
per  annum,  and  be  credited  to  the  township  to  which  the  same 
belongs,  according  to  the  provisions  of  the  Act  of  Congress. 

187.  (When  Scrip  May  Issue,  S.  2952,  R.  S.) 

When  such  locations  cannot  be  made,  if  deemed  more  ad- 
vantageous to  the  State,  the  Kegister,  with  the  assent  of  the 
Federal  Government,  is  authorized  to  issue  scrip  for  such  lands, 
which  scrip  shall  not  be  sold  for  a  less  amount  than  one  dollar 
and  twenty-five  cents  per  acre. 

188.  (Duty  of  the  Auditor  in  Fixing  Capital   Due  the  Townships,  A. 

96,  '86.) 

It  shall  be  the  duty  of  the  Auditoi  of  Public  Accounts,  by 
the  1st  day  of  January,  1887,  to  ascertain  the  amount  of  capital 
that  may  be  due  the  several  townships  from  the  proceeds  of 
the  sales  of  sixteenth  sections,  made  since  the  1st  of  January, 
1880,  and  actually  paid  into  the  State  Treasury.  The  amount 
thus,  ascertained  shall  be  the  capital  upon  which  interest  shall 
thereafter  be  allowed  and  paid  out  of  the  interest  collected  on 
the  said  bonds  to  the  townships,  the  sixteenth  sections  of  which 
have  been  sold  since  the  1st  of  January,  1880,  and  the  proceeds 
actually  paid  into  the  State  Treasury,  and  the  proceeds  so  paid 
invested  as  required  by  law. 

In  calculating  the  interest  due  the  several  townships,  no  in- 
terest shall  be  allowed  for  fractions  of  the  year  during  which 
the  receipts  shall  have  come  into  the  treasury;  but  it  shall  com- 
mence at  the  beginning  of  the  first  of  January  of  the  next  year. 


81 

The  interest  due  upon  the  capital  ascertained  as  aforesaid, 
and  the  interest  due  upon  subsequent  sales,  shall  be  paid  to  the 
township  in  the  manner  now  provided  for  by  law.  It  shall  be 
the  duty  of  the  Auditor  to  furnish  the  Treasurer  and  Superin- 
tendent of  Public  Education  with  a  statement  of  the  amount 
due  each  township. 

188-a.    (Lake  Beds  Sold  for  Account  of  Schools,  A.  124,  '02.) 

Section  1.  Bt  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  all  islands,  other  than  sea  marsh  islands, 
belonging  to  the  State,  as  well  as  all  other  lands  of  the  State, 
not  the  property  of  any  levee  district,  nor  within  the  limits  of 
any  levee  district,  which  were  formerly  the  beds  of  lakes,  or 
other  bodies  of  water,  whether  navigable  or  unnavigable,  which 
are  now,  or  may  hereafter  become  dry  in  whole  or  in  part  by 
reason  of  the  recession  therefrom  of  the  waters  which  formerly 
covered  the  same,  be  and  the  same  are  hereby  declared  to  be 
open  to  entry  and  sale  for  account  of  the  State  for  school  pur- 
poses as  hereinafter  provided. 

188- b.  (Proceeds  of  Sale  of  All  Such  Lands  to  be  Placed  to  the  Credit 
of  General  School  Fund,  A.  124,  '02.) 

Section  7.  Be  it  further  enacted,  etc.,  That  the  proceeds 
arising  from  the  sales  of  said  lands  shall,  when  paid  into  the 
hands  of  the  State  Treasurer,  be  placed  by  him  to  the  credit  of 
the  General  School  Fund  of  the  State  for  the  benefit  of  the 
public  schools  of  the  State  as  now  provided  by  law;  provided 
that  in  addition  to  the  price  paid  the  Treasurer  the  purchaser 
of  any  of  the  lands  described  in  this  Act  shall  pay  to  the  Reg- 
ister the  fees  allowed  by  law. 

189.  (Duty  of  School  Board  When  Vote  is  Against  Sale  of  Lands,  S.  1, 
A.  54,  '10,  amending  A.  129,  '08,  amending  S.  2962  of  the  Revised 
Statutes.) 

Should  a  majority  of  the  legal  voters  be  against  the  sale  of 
the  lands,  then  it  shall  be  the  duty  of  the  parish  board  of  school 
directors  of  the  parish  in  which  said  lands  are  located  to  secure 
them  from  injury  and  waste  and  to  prevent  illegal  possession  or 
aggression  of  any  kind  and  to  lease  the  same,  or  any  part  thereof, 
according  to  the  provisions  of  the  Act  of  Congress  aforesaid  as 
amended  by  Act  of  Congress  approved  June  12th,  1884,  and  to- 
inform  the  State  Superintendent  thereof. 


82 

189-a.    (Advertising  Lease;   Security  Required.) 

Such  lease  shall  only  be  made  after  due  notice  shall  have  been 
given  by  advertisement,  for  at  least  thirty  days,  in  the  official 
journal  of  the  parish,  or  in  any  paper  published  regularly  in  the 
parish  containing  the  land  to  be  leased,  of  the  time  and  place 
where  the  land  will  be  offered  for  lease  to  the  highest  bidder.  In 
all  cases  ample  security  shall  be  required,  not  only  for  the  punct- 
ual payment  of  the  rent  but  for  the  protection  of  the  lands  from 
all  kinds  of  waste  and  injury.  Said  parish  board  of  school 
directors  shall  have  the  right  to  reject  any  and  all  bids  offered 
for  said  lease,  if  in  its  judgment  the  bids  do  not  reach  a  just  and 
fair  value  of  the  lease. 

189-b.    (Manner  of  Holding   Elections  on  Sale  of  Timber;    Lease  of  Oil 
and   Mineral    Rights.) 

The  Parish  Board  of  School  Directors  shall  have  the  author- 
ity, when  in  its  judgment  it  is  to  the  best  interest  of  the  schools 
of  a  township,  to  take  the  sense  of  the  legal  voters  residing  in 
such  township  relative  to  the  sale  of  the  timber  on  sixteenth 
section  school  lands  situated  therein  or  the  lease  or  sale  of  oil 
and  mineral  rights  on  such  land.  Said  vote  shall  be  taken  under 
the  direction  of  said  board,  who  shall  give  thirty  days'  notice 
thereof  in  the  parish  journal,  or  in  any  paper  regularly  pub- 
lished in  the  parish,  setting  forth  the  time  and  place  of  the  elec- 
tion to  be  held.  The  said  board  shall  appoint  one  of  its  mem- 
bers to  conduct  the  election,  who  shall  hold  open  the  polls  and 
allow  votes  to  be  cast  within  the  usual  hours  and  in  the  usual 
manner  of  holding  elections. 

189-c.    (Affirmative   Vote  to   be   Reported  to   State   Superintendent  and 
Auditor  of  Public  Accounts.) 

If  a  majority  of  the  votes  cast  are  in  favor  of  the  sale  of  the 
timber,  or  the  lease  or  sale  of  oil  and  mineral  rights,  the  Parish 
Board  of  School  Directors  shall  at  once  report  the  result  of  the 
election  to  the  State  Superintendent  of  Public  Education  and 
to  the  State  Auditor  of  Public  Accounts,  and  upon  the  order 
of  the  State  Auditor  the  said  board  shall  proceed  to  sell  the 
timber  or  lease  or  sell  the  oil  and  mineral  rights,  either  or  both, 
as  the  case  may  be,  under  the  same  formalities  and  requirements 
as  provided  for  the  lease  of  sixteenth  section  school  lands  here- 
mabove  set  forth. 


83 

189-d.    (Notes  Made  Payable  to  Auditor  of  Public  Accounts,  Secured  by 
at   Least  Two  Solvent  Sureties   In   Solido.) 

In  all  cases  where  a  sale  of  timber  or  of  oil  and  mineral  rights 
is  made  under  the  provisions  of  this  Act  and  deferred  payments 
are  allowed,  the  notes  representing  such  deferred  payments 
shall  be  made  payable  to  the  order  of  the  Auditor  of  Public 
Accounts,  and  their  punctual  payment  shall  be  secured  by  at 
least  two  good  and  solvent  sureties  who  shall  be  liable  "in 
solido." 

189-e.    (Funds  Accruing  From  Lease  of  Lands,  Sale  of  Timber  and  Min- 
eral and   Oil   Rights  Credited  to  Current  Fund  of  Parish.) 

In  all  cases  of  the  lease  of  sixteenth  section  school  lands,  or 
of  the  sale  of  the  timber  thereon  or  of  the  lease  or  sale  of  oil  and 
the  mineral  rights  thereof,  the  cash  payment  after  deducting  suf- 
ficient amount  to  cover  the  actual  expenses  incurred  by  the  said 
election  and  making  the  said  lease  or  sale,  shall  be  credited  to 
the  account  of  the  current  school  fund  of  the  parish  where  the 
sixteenth  section  school  lands  are  located,  and  notes  representing 
deferred  payments  shall  be  placed  in  the  hands  of  the  parish 
school  treasurer  for  collection,  and  when  collected  also  credited 
to  the  current  school  fund  of  said  parish,  to  be  used  for  general 
school  purposes. 

189-f.    (Leases  or  Sales  of  Timber,  Oil  and  Mineral  Rights  Expire  Auto- 
matically After  Ten  Years.) 

In  all  cases  where  a  sale  of  timber  or  the  lease  of  or  sale  of 
the  oil  and  mineral  rights  is  made  under  the  provisions  of  this 
Act,  the  purchaser  thereof  or  his  vendees,  or  the  lessee,  shall 
be  allowed  a  period  of  not  more  than  ten  years  in  which  to 
remove  the  timber  or  to  utilize  the  oil  and  mineral  rights. 

190.    (Trespass  on  Sixteenth  Section,  S.  1,  A.  14,  '82.) 

"Whoever  shall  cut  down,  or  remove  for  sale  for  his  own  use, 
or  the  use  of  another,  any  timber  on  any  free  school  land  in  this 
State,  belonging  to  the  State,  known  as  sixteenth  sections,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
condemned  to  pay  a  fine  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and,  in  default  of  the  same,  be  sentenced  to 
imprisonment  not  less  than  ten  days  nor  more  than  one  year. 


84 

191.    (Same,  S.  2,  A.  14,  '82.) 

Whoever  shall  knowingly  use,  cultivate  or  inclose  any  free 
school  land,  known  as  sixteenth  section,  without  authority  from 
the  parish  board  of  school  directors,  shall  on  conviction  be  con- 
demned to  pay  a  fine  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and  in  default  of  the  same  be  sentenced  to 
imprisonment  for  not  less  than  ten  days  nor  more  than  one  year. 

191 -a.    (School   Boards  Authorized  to  Sue  for  Recovery  of  Damages  and 
Trespass  on  Sixteenth  Sections,  S.  1,  A.  158,  '10.) 

The  several  school  boards  of  the  various  parishes  of  the  State 
be  and  they  are  hereby  authorized  and  empowered  to  contract 
with  and  employ  on  the  part  of  the  State  of  Louisiana,  attor- 
neys at  law,  to  recover  for  the  State,  damages  for  trespass  to 
the  sixteenth  section  known  as  school  lands  the  title  to  which 
is  still  in  the  State,  each  of  said  Boards  to  have  authority  to 
make  said  contracts  for  the  lands  situated  in  its  own  parish 
and  no  others;  and  the  several  school  boards  shall  also  have 
authority  to  sue  for  and  recover  the  sixteenth  section  known 
as  school  lands. 

101 -b.     (Compensation   of   District   Attorney  and   Other   Attorneys,   S.   2, 
A.  158,  '10.) 

The  attorney  or  attorneys  thus  employed  shall  work  in  con- 
junction with  the  district  attorney  for  the  parish  in  which  the 
land  is  situated ;  that  the  compensation  of  the  district  attorneys 
shall  remain  as  now  fixed  by  law;  that  the  compensation  of 
the  other  attorney  or  attorneys  employed  shall  be  fixed  by  con- 
tract between  the  respective  school  boards  and  the  attorney  or 
attorneys  employed,  and  shall  in  each  case  be  a  contingent  fee, 
conditioned  upon  recovery;  shall  in  each  case  be  a  fixed  per- 
centage of  the  amount  recovered,  and  shall  in  no  case  exceed 
Iwenty-five  percentage  of  the  amount  recovered;  provided  that 
if  more  than  one  attorney  is  thus  employed  for  the  same  cause, 
the  same  fee  shall  be  paid  to  the  whole  number  of  attorneys,  as 
if  only  one  had  been  employed. 

191 -c.    (Manner  of  Bringing  Suits,  S.  3,  A.  158,  '10.) 

Suit  in  all  such  cases  shall  be  brought  in  the  name  of  the 
State  of  Louisiana,  and  the  attorneys  employed  as  aforesaid, 
shall  sue  for  the  value  of  all  timber  cut  and  removed  from  any 
such  lands,  as  well  as  any  and  all  other  legal  damages  caused 
by  any  such  trespass. 


85 

191 -d.    (Authority  Applies  to  Sixteenth  Sections   Illegally  Acquired.) 

The  authority  given  by  this  Act  shall  apply  to  all  sixteenth 
sections  donated  by  Congress  to  this  State  in  trust  for  public 
school  purposes,  and  to  which  the  State  has  never  legally  parted 
with  the  title;  and  the  suits  herein  authorized  may  be  brought 
against  those  who  claimed  the  right  to  cut  and  remove  timber 
from  any  such  lands,  under  color  of  title. 

191 -e.  (Residue  of  Amounts  Recovered  to  be  Paid  Into  State  Treasury.; 
Each  and  every  amount  recovered  for  the  State  as  herein 
provided  shall,  after  deducting  and  paying  the  attorney's  fees 
as  herein  provided,  and  all  other  lawful  costs  and  charges,  be 
paid  into  the  State  Treasury,  to  be  kept  on  the  books  of  the 
Auditor  and  Treasurer,  to  the  credit  of  the  township  in  which 
the  land  is  situated,  in  the  same  manner  as  now  provided  by 
law  for  the  proceeds  of  the  sale  of  such  sixteenth  sections. 

192.    (To  Provide  for  the  Sale  of  School  Indemnity  Lands,  A.  217,  '02.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  all  lands  now  owned  by,  or  which  may 
hereafter  inure  to  the  State  from  the  United  States  Govern- 
ment as  indemnity  for  school  lands,  shall  be  disposed  of  as 
hereinafter  provided. 

193-  Section  2.  Be  it  further  enacted,  etc.,  That  the  Register 
of  the  Land  Office  shall  cause  to  be  advertised  for  sale  at  public 
auction  for  thirty  clear  days,  a  list  of  the  lands  to  be  sold,  which 
have  not  already  been  advertised,  the  publication  to  be  made  in 
a  newspaper  published  in  the  parish  where  the  land  to  be  sold 
is  situated,  and  no  land  to  be  sold  shall  be  advertised  in  any  paper 
published  outside  of  the  parish  where  the  same  is  situated. 
194.  Section  3.  Be  it  further  enacted,  etc.,  That  the  Register 
shall  adjudicate  said  lands  at  public  auction  to  the  last  and 
highest  bidder  at  his  office  and  in  case  the  land  so  offered  for 
sale  fails  to  bring  at  auction  the  price  of  two  dollars  and  fifty 
cents  ($2.50)  per  acre  the  same  shall  be  withdrawn  and  shall 
be  thereafter  sold  by  him  at  private  sale  for  two  dollars  and  fifty 
cents  per  acre.. 

195-  Section  4.  Be  it  further  enacted,  etc.,  That  the  Registor 
shall  not  issue  a  patent  to  the  purchaser  of  said  land  until  he 
shall  have  paid  into  the  hands  of  the  State  Treasurer  the  pur- 
chase price  of  said  lands. 


86 

196.  Section  5.     Be  it  further  enacted,  etc.,  That  in  addition 
to  the  purchase  price  paid  for  said  lands,  the  purchaser  thereof 
shall  pay  to  the  Register  the  same  fees,  as  in  other  cases  where 
u  patent  is  issued,  and  out  of  the  purchase  price  so  paid,  the 
Treasurer  of  the  State  shall  pay  the  cost  of  advertising  said 
property  and  place  the  balance  thereof  to  the  credit  of  the  various 
school  boards  entitled  to  receive  same 

197.  Section  6.     Be  it  further  enacted,  etc.,  'That  the  provi- 
sions of  this  Act  shall  not  refer  nor  apply  to  applications  for  the 
entry  and  sale  of  school  indemnity  lands  which  may  be  pending 
in  the  State  Land  Office  at  the  time  of  the  passage  of  this  Act. 
198-     Section  7.     Be  it  further  enacted,  etc ,  That  all  laws  and 
parts  of  laws  in  conflict  with  or  inconsistent  with  this  Act  be 
and  the  same  are  hereby  repealed. 

199.  (Sale  Which  Can  be  Made  by  the  Land   Register,  A.  315,  '55.) 

It  shall  be  lawful  for  the  Register  of  the  State  Land  Office 
to  sell,  at  the  price  stipulated  by  law,  to  any  board  of  free 
school  district  directors  of  this  State,  any  amount,  not  less  than 
five  acres,  of  any  land  within  their  school  district,  donated 
by  Congress  to  this  State,  either  for  the  use  of  a  seminary  of 
learning,  or  for  the  purpose  of  internal  improvement,  on  which 
to  erect  a  schoolhouse. 

200.  (How  Located,  S.  2947,  R.  S.) 

Any  land  so  sold  shall  commence  in  the  corner  of  a  legal 
division  or  sub-division  of  sections;  and  if  in  a  right  angle,  it 
shall  be  run  an  equal  distance  on  two  sides,  bounded  by  the  line 
of  such  division,  and  form  a  square  including  the  number  of 
acres  sold;  if  in  an  acute  angle,  it  shall  be  bounded  by  said 
division  lines  to  such  distance,  and  by  lines  in  such  other  direc- 
tions as  the  Register  may  deem  most  equitable  between  the  land 
so  sold  and  that  retained ;  the  patents"  for  lands  so  sold  shall 
issue  to  the  free  school  directors  and  their  successors,  for  the 
use  of  their  district  schools,  setting  forth  the  number,  and  of 
what  parish. 

201.  (Reservation  of  School   Lands,  A.  316,  '55.) 

The  Register  of  the  State  Land  Office  is  required  to  ascer- 
tain in  what  township  in  this  State  there  are  no  reservations 
of  school  sections  by  reason  of  conflicting  claims  or  from  any 


87 

other  cause,  or  where  the  reservation  is  less  than  contemplated 
by  law;  and  in  such  cases  it  is  made  his  duty  under  the  super- 
intendence of  the  Governor,  to  apply  for,  and  as  soon  as  possi- 
ble, obtain  a  location  of  any  land  or  part  of  land  in  lieu  thereof. 

201 -a.    (Providing  for  the   Deposit  of  Public  Funds,  A.  25.  '07,  amended 
by  A.  282,  '08.) 

That  all  funds  of  the  State  of  Louisiana,  and  of  all  parishes 
and  municipalities  thereof,  and  all  public  boards,  commissions, 
and  bodies  created  by  or  under  the  authority  of  the  State  or 
any  parish  or  municipality  thereof,  shall  be  deposited  weekly 
in  the  fiscal  agency  or  agencies  hereinafter  mentioned.  Such 
deposits  shall  be  made  in  the  name  of  the  State,  or  of  the  parish,, 
municipality,  board,  commission  or  body  having  by  law  the 
custody  of  the  same. 

201-b.    (Fiscal  Agent  to  be  Bank  Offering  Highest  Rate  of  Interest.) 

The  fiscal  agency  or  agencies  with  whom  such  funds  shall 
be  deposited  shall  be  a  bank  or  banks,  chartered  under  the  laws 
of  the  State  of  Louisiana,  or  of  the  United  States,  and  domi- 
ciled in  this  State,  offering  the  highest  rate  of  interest,  consist- 
ent with  the  safety  of  such  funds,  upon  the  daily  balances  of 
the  deposits  so  to  be  made  and  giving  satisfactory  security  here- 
inafter mentioned. 

Manner   of   Selecting    Fiscal    Agency   for   State,    Parish,   and    Municipal 
Funds.) 

Such  fiscal  agency  or  agencies  shall  be  selected  as  follows: 
(1)  As  to  funds  belonging  to  or  received  in  behalf  of  the 
State  whether  by  the  State  Treasurer,  or  any  sheriff  or  tax  col- 
lector, the  Board  of  Liquidation  of  the  State  Debt  shall  bien- 
nially for  thirty  days  beginning  on  the  first  Monday  in  March, 
1908,  advertise  in  the  official  journal  of  the  State,  and  in  one 
newspaper  published  in  the  cities  of  New  Orleans,  Baton  Rouge, 
Shreveport,  Alexandria,  Monroe,  Lake  Charles,  and  New 
Iberia;  as  to  funds  received  by  and  in  the  hands  of  sheriffs  and 
tax  collectors,  said  Board  shall  advertise  for  a  like  period  in  the 
same  manner  in  one  newspaper  published  in  the  parish  where 
such  collective  officer  exercises  his  office,  giving  notice  of  the  time 
and  place  of  letting  out  of  the  State's  deposits,  the  amount 
of  security  required,  and  inviting  banks  to  bid  for  the  custody 
thereof ;  provided  that  as  to  the  funds  in  the  hands  of  the  State 


88 

Treasurer,  said  advertisement  shall  be  first  made  thirty  days 
prior  to  the  expiration  of  the  present  contract  with  the  fiscal 
agents  of  the  State,  and  the  first  letting  shall  be  for  a  period  ex- 
piring April,  1910.  Should  there  be  but  one  bank  in  any  parish 
authorized  hereunder  to  bid  for  the  funds  received  by  or  in  the 
hands  of  any  sheriff  or  tax  collector,  said  Board  is  authorized  to 
invite  bids  also  from  banks  in  contiguous  parishes,  when  in  their 
judgment  deemed  proper,  otherwise  bidders  shall  be  limited  to 
banks  domiciled  in  said  parish.  As  soon  as  possible  after  the 
expiration  of  the  terms  of  advertisement  herein  fixed  shall  have 
expired,  said  Board  shall  meet  at  the  capital  and  publicly  open 
bids  and  make  awards  of  said  deposits  as  herein  required. 

(2)  As  to  funds  belonging  to  or  received  in  behalf  of  any  par- 
ish or  municipality  of  this  State,  the  police  jury  or  the  munici- 
pal council  shall  at  the  same  time,  in  the  same  manner  and  un- 
der the  same  regulations  and  penalties,  as  are  provided  for  the 
control  of  the  Board  of  Liquidation  of  the  State  Debt  in  refer- 
ence to  funds  received  by  and  in  the  hands  of  sheriffs  or  tax 
collectors,   advertise  and  let  such  funds;    provided  that  said 
advertisement  shall  be  for  a  period  of  fifteen  days. 

201 -c.    (Boadrs,   Etc.,  Manner  of  Selecting   Fiscal  Agency.) 

(3)  As  to  funds  belonging  to  or  received  by  any  public 
board,  commissions  or  body  created  by  any  special  or  general 
act  of  the  General  Assembly  of  the  State,  not  held  in  the  custody 
or  possession  of  the  State  Treasurer,  such  board,  commission  or 
body  shall  advertise  and  let  the  deposits  to  the  bank  or  banks 
domiciled  within  the  territorial  jurisdiction  of  such  board,  com- 
mission or  body,  or  in  case  such  jurisdiction  does  not  extend 
over  an  even  parish,  then  to  any  bank  in  the  parish,  in  the  same 
manner,  at  the  same  time,  and  under  the  same  regulations  and 
penalties  as  are  prescribed  herein  for  funds  of  parishes  and 
municipalities. 

(4)  As  to  the  funds  belonging  to  or  received  by  any  board, 
commission  or  body  created  or  controlled  by  any  parochial  or 
municipal  government,  the  same  shall  be  let  as  a  part  of  the 
funds  of  such  parish  or  municipality,  snd  any  interest  earned 
thereon  shall  belong  to  the  parish  or  municipality  creating  the 
same. 


89 

(5)  As  to  the  funds  deposited  in  ti'.p  registry  of  any  court 
or  coming  into  the  hands  of  the  clerk  of  court  or  sheriff  in  any 
judicial  proceeding,  and  not  belonging  to  such  officer,  the  same 
shall  be  deposited  in  the  fiscal  agency  awarded  the  custody  of 
the  funds  of  the  parish,  the  Parish  of  Orleans  excepted.  In  the 
Parish  of  Orleans,  such  funds  shall  be  deposited  in  the  bank  or 
banks  offering  the  highest  rate  of  interest  consistent  with  the 
safety  of  such  funds,  and  giving  security  therefor,  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  judges  of  the 
Civil  District  Court.  The  interest  thus  earned  shall  accrue  to  the 
party  or  parties  finally  decreed  to  be  entitled  to  the  ownership 
of  such  funds. 

(All   Bids  to  be  Sealed.     Same.) 

Section.  3.  All  bids  shall  be  sealed  and  indorsed  on  the 
envelope  ' '  Fiscal  Agency  Bid, ' '  and  addressed  to  the  State  Aud- 
itor or  to  the  authority  letting  such  deposits,  as  the  case  may  be, 
and  shall  be  kept  sealed  until  the  meeting  of  the  authority  to 
award  said  funds. 

(Penalty   for    Breaking    Seal.) 

It  is  hereby  declared  a  misdemeanor,  punishable  by  fine  not 
exceeding  one  thousand  dollars  ($1,000)  or  imprisonment  not 
exceeding  one  year,  or  both  at  the  discretion  of  the  court,  for  any 
person  prior  to  such  meeting  to  break  the  seal  of  any  envelope  or 
covering  enclosing  such  bid,  or  to  examine  the  contents  thereof 

(When  the  Bids  of  Two  Banks  Are  Equal.) 

Section  4.  Where  the  bids  of  two  cr  more  banks  are  equal, 
the  award  shall  be  made  to  such  banks  iii  such  proportion  as  said 
banks  may  agree  upon,  and  if  they  fail  to  agree,  then  in  such 
proportion,  giving  each  a  share,  as  the  authority  letting  same 
may  determine. 

(Compensation  Calculated  on  Daily  Balance.) 

Section  5.  The  compensation  to  be  paid  for  deposits  afore- 
said shall  be  calculated  on  the  daily  balances  as  shown  by  the 
books  of  the  State  Treasurer,  or  of  the  treasurer  of  the  parish, 
municipality  or  body,  as  the  case  may  be,  and  shall  be  paid  on 
the  first  day  of  January  of  each  year ;  provided  that  the  author- 
ity letting  the  deposit  may  end  the  contract  as  to  all  or  any 
of  such  banks  at  any  time,  in  the  event  that  circumstances  arise 


90 

which  in  their  opinion  jeopardize  the  safety  of  such  deposits,  by 
giving  thirty  days'  notice  in  writing  to  the  bank  or  banks  holding 
such  deposits,  and  all  such  deposits  shall  be  forthwith  returned 
by  such  bank  or  banks  upon  the  expiration  of  such  period.  And 
in  case  of  such  cancellation,  the  authority  shall  proceed  as  in  case 
of  original  lettings  or  relet  the  deposits  theretofore  deposited  with 
such  bank  or  banks  for  the  unexpired  term  of  such  contract. 

(Security    Required.) 

Section  6.  No  funds  of  the  State  nor  of  any  parish,  munici- 
pality, board,  commission  or  body  therein,  shall  be  awarded  to 
any  bank  or  banks  as  aforesaid  or  deposited  therein,  unless  and 
until  such  bank  or  banks  shall  have  given  the  security  provided 
in  this  section.  The  successful  bidder  or  bidders  shall  as  security 
for  the  safekeeping  and  return  of  said  deposit,  deposit  with  the 
State  Treasurer,  or  with  the  fiscal  officer  of  the  authority  letting 
such  deposits,  an  amount  of  bonds  of  the  United  States  or  of 
the  State  (except  Baby  Bonds)  or  of  any  parish,  city,  town  or 
levee  district  therein,  equal  to  the  estimated  average  deposits  of 
such  authority,  as  determined  by  the  record  of  the  year  pre- 
vious, or  shall  have  given  bond  with  a  duly  authorized  surety 
company  as  surety  conditioned  for  the  safe  keeping  and  return 
of  such  deposits  and  the  payment  of  the  interest  thereon  in  a 
like  amount ;  provided  that  no  surety  company  shall  be  accepted 
as  surety  on  any  bond  for  a  greater  sum  than  ten  per  centum  of 
its  capital  and  surplus;  and  provided  further  that  such  bank 
or  banks  may  deposit  the  bonds  aforesaid  for  part  of  the  se- 
curity and  give  surety  bond  for  the  balance  in  such  proportion 
as  it  or  they  may  see  fit;  and  provided  further  that  where  such 
deposits  are  divided  between  two  or  more  banks,  each  may  give 
security  for  its  proportion  of  the  total  security  required,  based 
on  the  proportion  of  such  deposits  awarded  to  it. 

(When  Bonds  Arte  Given  as  Security.) 

Section  7.  Where  any  successful  bidder  or  bidders  shall  elect 
to  deposit  as  security  the  bonds  of  any  political  subdivision  of 
the  State,  such  bonds  must  have  a  market  value  of  at  least  equal 
to  the  par  value  thereof,  and  in  case  such  bonds  should  depre- 
ciate, in  value,  the  authority  shall  have  the  right  at  any  time  to 
demand  additional  security  to  make  up  the  deficiency.  If,  at  any 
time,  any  depositary  bank  fail  or  suspend,  or  fail  on  due  demand 


91 

without  just  cause  to  pay  over  such  funds  so  deposited  with  it, 
the  State  Treasurer,  on  the  direction  of  the  Governor,  or  other 
fiscal  officer,  with  whom  any  bonds  may  have  been  deposited  as 
security,  on  the  dierction  of  the  authority  which  made  such  let- 
ting, may  forthwith,  after  ten  days'  advertisement  in  the  news- 
paper or  newspapers  in  which  proposals  for  bids  must  be  adver- 
tised for  by  such  authority,  sell  such  bonds,  or  a  sufficient  amount 
thereof  to  cover  the  deposit  and  accrued  interest  thereon,  by  auc- 
tion at  the  customary  place  where  judicial  sales  are  made  in  the 
parish  where  such  securities  are  held.  In  case  any  surety  com- 
pany given  as  surety  should  fail,  cease  to  do  business,  or  liquidate, 
a  new  security  shall  be  substituted  within  ten  days  from  demand, 
else  the  contract  for  such  deposits  shall  ipso  facto  terminate  and 
a  reletting  of  said  deposits  shall  be  made. 

In  case  of  any  such  default  on  the  part  of  any  fiscal  agency 
as  aforesaid,  when  a  surety  bond  has  been  given  as  security, 
and  the  said  surety  company  shall  have  failed,  within  thirty  days 
after  demand  upon  it,  to  pay  the  amount  of  such  deposit  with 
the  accrued  interest  thereon,  the  State  Treasurer,  by  direction 
of  the  Governor,  or  the  fiscal  officer,  on  the  direction  of  the  au- 
thority that  let  such  deposit,  as  the  cas^  may  be,  shall  institute 
suit  in  the  name  of  the  State  or  such  authority,  as  the  case  may 
be,  against  the  principal  and  surety,  or  both  of  them,  on  such 
bond  for  the  recovery  of  the  amount  of  such  deposits  and  ac- 
crued interest  and  a  penalty  of  ten  per  centum  on  the  amount  so 
sued  for  together  with  costs.  Such  suit  may  be  brought  either 
at  the  designated  domicile  of  the  plaintiff  or  the  defendant ;  and 
in  case  of  deficiency,  the  same  shall  be  secured  by  first  lien 
and  privilege  on  all  property  and  assets  of  said  depositary. 

(When  State  Borrows  Money;   Rate  to  be  Paid.) 

Section  8.  In  case  it  should  become  necessary  for  the  State 
to  obtain  advances  of  money,  or  for  any  of  the  other  authorities 
to  borrow  money  in  cases  permitted  by  law,  the  bank  or  banks 
awarded  the  contract  as  fiscal  agent  or  agents,  shall  advance  the 
same  at  a  rate  of  interest  no  greater  than  that  allowed  on  the 
said  deposit ;  provided,  the  amount  so  advanced  shall  not  exceed 
the  amount  on  deposit  to  the  credit  of  the  State  or  such  au- 
thority. 


92 

Section  9.  "Wherever  by  any  existing  law  or  laws  the  deposit 
of  the  funds  of  any  municipality,  board,  commission  or  body  with 
any  bank  or  banks  paying  the  highest  rate*  of  interest  consistent 
with  the  safety  of  such  funds,  and  giving  security  therefor,  is 
provided  for,  such  law  or  laws  shall  remain  in  full  force  and 
effect  and  not  be  repealed  or  impaired  hereby.  Nor  shall  any 
existing  contracts  made  in  pursuance  of  any  such  law  or  laws  be 
affected  or  impaired  hereby.  Except  as  in  this  section  provided, 
all  laws  or  parts  of  laws  in  conflict  herewith  are  hereby  repealed. 

(Grants  and  Reservations.) 

The  lands  granted  in  the  States  and  reserved  in  the  Territo- 
ries for  educational  purposes  by  Acts  of  Congress  from  1785  to 
June  30,  1880,  were: 

202.  (For  Public  or  Common  Schools.) 

Every  sixteenth  section  of  public  land  in  the  States  admitted 
to  1848,  and  every  sixteenth  and  thirty-sixth  section  of  such  land 
in  States  and  Territories  since  organized — estimated  at  67,893,- 
919  acres. 

203.  (For  Seminaries  or  Universities.) 

The  quantity  of  two  townships,  or  46,080  acres,  in  each 
State  or  Territory  containing  public  land,  and,  in  some  instances, 
a  greater  quantity,  for  the  support  of  seminaries  or  schools  of  a 
higher  grade — estimated  at  1,165,520  acres. 

204.  (For  Agricultural  and  Mechanical  Colleges.) 

The  grant  to  all  the  States  for  agricultural  and  mechanical 
colleges,  by  Act  of  July  2,  1862,  and  its  supplements  of  30,000 
acres,  for  each  Representative  and  Senator  in  Congress  to  which 
the  State  was  entitled,  of  land  "in  place"  where  the  State  con- 
tained a  sufficient  quantity  of  public  land  subject  to  sale  at  or- 
dinary private  entry  at  the  rate  of  $1.25  per  acre,  and  of  scrip 
representing  an  equal  number  of  acres  where  the  State  did  not 
contain  such  description  of  land,  the  scrip  to  be  sold  by  the 
State  and  located  by  its  assignees  on  any  such  land  in  other  States 
and  Territories,  subject  to  certain  restrictions.  Land  in  place, 
1,770,000  acres ;  land  scrip,  7,830,000 ;  total,  9,600,000  acres. 

In  all,  78,659,439  acres  for  educational  purposes  under  the 
heads  above  set  out  to  June  30,  1880. 


93 

The  lands  thus  ceded  to  the  several  States  were  disposed  of 
or  are  held  for  disposition,  and  the  proceeds  used  as  perma- 
nent endowments  for  common  school  funds.  (See  Reports  of  the 
Commissioner  of  Education,  Hon.  John'  Eaton,  to  June  30,  1880 ; 
land  and  auditors'  reports  for  the  several  land  States;  Kiddle 
&  Schem's  Dictionary  of  Education;  and  also  ninth  census, 
E.  A.  Walker,  superintendent,  for  details  of  endowments  of  the 
several  States  for  common  schools  resulting  from  the  sales  of 
United  States  land  grants  for  education.)  As  an  illustration, 
the  State  of  Ohio  has  a  permanent  endowment  for  education, 
called  the  "Irreducible  State  Debt,"  the  result  of  sale  of  all 
granted  lands  for  education,  of  $4,289,718.52. 

(Price  of  Seminary  Lands,  S.  2954,  R.  S.) 

The  price  of  the  seminary  lands  shall  hereafter  be  fixed  at 
one  dollar  and  twenty -five  cents  per  acre. 

205.  (Disposition  of  Funds  of  Towns  on  the  Recision  of  Their  Charters, 

S.  6,  A.  173,  '94.) 

If  after  paying  all  the  debts  of  said  town  (upon  the  disso- 
lution and  recision  of  its  charter)  there  shall  remain  any  balance 
of  money,  the  same  shall  be  turned  over  to  the  school  board  of 
the  parish  to  be  used  in  the  education  of  the  children  of  school 
age  residing  within  the  territory  covered  by  said  town. 

206.  (Prescription  of  Debts,  Etc.,  S.  8,  A.  103,  '80.) 

The  term  of  prescription  of  any  and  all  debts,  due  to  any 
charitable  institution  in  this  State,  and  to  any  college  fund,  or 
any  fund  of  any  institution  of  learning,  or  to  any  fund  be- 
queathed for  charitable  purposes  of  education,  and  of  all  debts 
contracted  by  borrowing  the  whole  or  part  of  any  such  funds, 
shall  be  thirty  years ;  provided,  the  debt  is  evidenced  in  writing. 

207.  (Free  School  Fund,  S.  2957,  R.  S.) 

The  proceeds  of  all  lands  heretofore  granted  by  the  United 
States  to  this  State  for  the  use  or  support  of  schools  except  the 
sixteenth  section  in  the  various  townships  of  the  State  specially 
reserved  by  Congress  for  the  use  and  benefit  of  the  people 
therein;  and  all  lands  which  may  hereafter  be  granted  or  be- 
queathed to  the  State,  and  not  specially  granted  or  bequeathed 
for  any  other  purpose,  which  hereafter  may  be  disposed  of  by 
the  State,  and  the  ten  per  cent  of  the  net  proceeds  of  the  sales 


94 

of  the  public  land  and  which  have  accrued  and  to  accrue  to  this 
State  under  the  Act  of  Congress  entitled  ' '  An  Act  to  appropriate 
the  proceeds  of  the  public  lands,"  and  to  grant  pre-emption 
rights,  approved  September  4,  1841;  and  the  proceeds  of  the 
estates  of  deceased  persons,  to  which  the  State  has  or  may  become 
entitled  by  law,  shall  be  held  by  the  State  as  a  loan,  and  shall 
be  and  remain  a  perpetual  fund,  to  be  called  the  Free  School 
Fund,  on  which  the  State  shall  pay  an  annual  interest  of  six 
per  cent ;  which  interest,  together  with  the  interest  of  the  Trust 
Fund  deposited  with  this  State  by  the  United  Staes,  under  he 
act  of  Congress  approved  the  23d  of  June,  1836,  with  the  rents 
of  all  unsold  lands,  except  that  of  the  sixteenth  sections,  shall 
be  appropriated  for  the  support  of  public  schools  in  this  State; 
and  donations  of  all  kinds  which  shall  be  made  for  the  support  of 
schools,  and  such  other  means  which  the  Legislature  may  from 
time  to  time  set  apart  for  school  purposes,  shall  form  a  part  of 
the  fund,  and  shall  also  be  a  loan  on  which  the  State  shall  pay 
an  interest  of  six  per  cent  per  annum. 

208-  It  shall  be  the  duty  of  the  Treasurer  of  the  State  to  apply 
annually,  and  to  receive  from  the  General  Government,  the  said 
ten  per  cent  of  moneys  now  due  and  to  become  due  to  this  State, 
and  to  place  the  same,  when  received,  to  the  credit  of  the  proper 
fund,  and  to  report  thereon  to  each  sepsion  of  the  General  As- 
sembly. 

209.    (Special  Sources  of  Revenue.) 

1.  Act  85  of  '94. — Residue  from  sale  of  unclaimed  merchan- 
dise in  warehouse. 

2.  Act  124  of  '90. — Residue  from  sale  of  unclaimed  freight 
in  railroad  warehouse. 

3.  Act  124   (Sees.  1  and  7),    '02.— Proceeds  from  sale  of 
" Islands  other  than  sea  marsh  islands." 

4.  See  S.  2957,  R.  S.— From  "Land  Grants"  other  than  the 
sixteenth  section. 

5.  Acts  39,  177,  '02.— From  sale  of  " Internal  Improvement" 
Swamp  Indemnity  Lands  and  Certificates. 

6.  Act  180  of  1902. 

7.  All  fines  and  forfeited  bonds  (par.  131). 

8.  See  Act  27,   '75. — Fine  for  violation  of  laws  relative  to 
inquests,  etc. 


95 

9.  Recision  of  town  charters,  S.  6,  A.  173  of  1894. 

10.  Donations,  pars.  35,  205. 

11.  Fees,  par.  43. 

12.  Inheritance  tax,  pars.  21,  22,  141-a,  165. 

13.  State  appropriation  for  high  and  agricultural  schools. 

14.  Special  school  tax. 

210.    (Free  Passage  Over  Certain  Streams  for  Pupils,  S.  12,  A.  214,  '02.) 

The  free  right  of  passage  or  conveyance  over  all  public  fer- 
ries, bridges  and  roads  which  are  rented  out  by  the  State  or 
parish,  or  over  which,  the  State  or  parish  exercises  any  control, 
or  for  which  license  is  paid  or  toll  exacted,  be  and  is  hereby 
granted  to  all  children  on  foot  attending  the  public  schools ;  and 
no  tolls  or  fees  shall  be  demanded  or  exacted  from  said  children 
by  the  keepers  or  attendants  of  said  ferries,  bridges  or  roads  in 
their  passage  to  and  from  school  between  the  hours  of  7  o'clock 
a.  m.  and  9  o'clock  a.  m.,  and  4  o'clock  p.  m.  and  6  o'clock  p.  m. ; 
provided,  that  on  Sundays  and  holidays  no  children  shall  have 
the  right  to  cross  such  ferries,  bridges  or  roads  on  terms  different 
from  those  of  any  ordinary  passenger. 

211.  (No  School  Opened  With  Fewer  Than   Ten    Pupils,   S.   13,  A.  214, 

'02.) 

No  school  of  less  than  ten  pupils  shall  be  opened  or  main- 
tained in  any  locality. 

212.  (Branches  to  be  Taught;    French;    Length  of  Daily  Session,  S.  23, 

A.  124,  '02,  amended  and  re-enacted  by  A.  133,  '06.) 
But  it  further  enacted,  etc.,  That  the  branches  of  orthog- 
raphy, reading,  writing,  drawing,  arithmetic,  geography,  gram- 
mar, United  States  history,  the  laws  of  health,  including  the  evil 
effects  of  alcohol  and  narcotics,  shall  be  taught  in  every  district. 
In  addition  to  these,  such  other  branches  shall  be  taught  as  the 
State  Board  of  Education  and  the  parish  school  boards  may  re- 
quire; provided,  that  these  elementary  branches  may  also  be 
taught  in  the  French  language  in  those  localities  where  the 
French  language  is  spoken;  but  no  additional  expense  shall  be 
incurred  for  this  cause.  No  public  school  in  the  State  shall  be 
opened  later  than  9  a.  m.  or  closed  earlier  than  3  p.  m. ;  this  shall 
not  be  construed  so  as  to  prevent  half  day  sessions  where  the 
school  accommodations  are  insufficient  for  all  the  pupils  of  the 
district  in  a  whole  day  session.  Nor  shall  it  interfere  with  any 


96 

arrangements  made  for  the  conduct  of  the  kindergarten  schools ; 
provided,  that  in  the  Parish  of  Orleans  the  Board  of  School 
Directors  may  fix  the  hours  of  session  of  the  public  schools.  A 
school  week  shall  consist  of  five  days  and  a  school  month  of 
twenty  days;  and  no  teacher  shall  be  required  to  teach  more 
than  twenty  days  to  be  entitled  to  his  or  her  salary  for  a  school 
month. 

212-a.  (Agriculture  and  Home  Economics  to  be  Taught  in  Schools, 
A.  306,  '10.) 

In  addition  to  the  branches  in  which  instruction  is  now  given 
in  the  public  schools  of  the  State  of  Louisiana,  instruction  shall 
also  be  given  in  all  the  elementary  and  secondary  schools  of  the 
State  in  the  principles  of  agriculture  or  horticulture  and  in 
home  and  farm  economy. 

Section  2.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act  be  and  the 
same  are  hereby  repealed. 

213.    (Hygiene  and  Temperance,  S.  1,  A.  40,  '88.) 

In  addition  to  the  branches  in  which  instruction  is  now  given 
in  the  public  schools,  instruction  shall  also  be  given  as  to  the 
nature  of  alcoholic  drinks  and  narcotics,  and  special  instruction 
as  to  their  effects  upon  the  human  system  in  connection  with  the 
several  divisions  of  the  subject  of  relative  physiology  and  hygiene, 
and  such  subjects  shall  be  taught  as  regularly  as  other  branches 
are  taught  in  said  schools.  Such  instruction  shall  be  given  orally 
from  a  text-book  in  the  hand  of  the  teacher,  to  pupils  who  are 
not  able  to  read,  and  shall  be  given  by  the  use  of  text-books  in 
the  hands  of  the  pupils  in  the  case  of  those  who  are  able  to  read, 
and  such  instruction  shall  be  given  as  aforesaid  to  all  pupils  in 
all  public  schools  in  the  State,  to  all  the  grades  until  completed 
in  the  high  schools. 

213-a.    (Spitting  on  Schoolhouse  Floor  Prohibited,  S.  1,  A.  91,  '08.) 

Any  person  who  shall  spit  upon  the  floor  or  walls  of  any 
passenger  car,  street  car,  depot  or  w^'ting  room,  courthouse, 
churchhouse,  schoolhouse,  or  any  other  public  building  whatever, 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  shall 
be  fined  in  a  sum  not  less  than  Five  ($5)  Dollars,  nor  more  than 
Twenty-five  ($25)  Dollars,  and  in  default  of  payment  of  fine 
and  costs,  shall  be  imprisoned  in  the  parish  jail  for  a  period 
not  exceeding  ten  days. 


97 

213-b.    (Providing  That  the   Doors  of  School    Houses  Shall   Swing  Out- 
ward, A.  91,  '08.) 

Section  1.  All  doors  for  ingress  and  egress  to  public  school- 
houses,  churches,  courthouses,  assembly  rooms,  halls,  theatres, 
factories  with  more  than  twenty  employees  and  of  all  other 
buildings  of  public  resort  whatever,  where  people  are  wont  to 
assemble,  shall  be  so  swung  as  to  open  outwardly  from  the  au- 
dience rooms,  classrooms,  halls,  or  workshops;  but  such  doors 
may  be  hung  on  double-jointed  hinges,  so  as  to  open  with  equal 
ease  outwardly  or  inwardly. 

Section  2.  The  provisions  of  this  Act  shall  apply  to  all  build- 
ings and  houses  within  its  terms,  erected  after  its  passage,  from 
the  date  it  becomes  in  force.  As  to  all  such  buildings  and  houses 
heretofore  erected,  said  provisions  shall  be  applied  from  and 
after  the  expiration  of  six  months  from  the  date  when  this  Act 
becomes  operative. 

21 3- c-  Section  3.  The  president  of  the  parish  school  board,  the 
deacons,  the  stewards  or  managers  of  any  church,  the  presi- 
dent of  the  parish  police  jury,  or  the  owner  of  any  hall,  theatre, 
or  factory,  failing  to  comply  with  the  provisions  of  this  Act 
or  to  have  same  complied  with  as  relates  to  any  building  or 
buildings  under  the  control  of  the  bodies  over  which  they  pre- 
side or  of  which  they  are  a  member,  or  to  such  building  or  build- 
ings owned  by  them,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  and  upon  failure  to  pay  such  fine  and  costs 
shall  be  imprisoned  in  the  parish  jail  for  a  period  not  exceeding 
ninety  (90)  days. 

Section  4.  Provided  that  this  Act  shall  not  apply  to  factories, 
cotton  seed  oil  mills  and  other  like  establishments  where  the 
doors  for  the  purpose  of  protection  against  fire,  are  so  arranged 
as  to  slide  back  and  forth  on  rollers. 

214.    (Text- Books  in  Physiology,  S.  2,  A.  40,  '88.) 

The  text-books  used  for  the  instruction  required  to  be  given 
by  the  preceding  section  (referring  to  the  law  in  regard  to  the 
teaching  of  Hygiene  and  Temperance),  shall  give  at  least  one- 
fourth  of  their  space  to  the  consideratior.  of  the  nature  and  ef- 
fects of  alcoholic  drinks  and  narcotics:  and  the  books  used  in 
the  highest  grades  of  graded  schools  shall  contain  at  least  twenty 
pages  of  matter  relating  to  this  subject. 


98 

Text-books  on  physiology  in  use  in  the  schools  or  at  the  time 
this  Act  takes  effect,  which  are  not  in  accordance  with  the  re- 
quirements of  this  section,  shall  be  changed  for  books  satisfy- 
ing the  requirements  of  this  section,  except  when  previous  con- 
tracts as  to  such  text-books  are  now  in  force. 

216.    (Exemptions  From  Jury  Duty,  S.  2,  A.  89,  '94.) 

The  following  persons  shall  be  exempted  from  serving  as 
jurors,  but  the  exemption  shall  be  personal  to  them,  and  when 
they  do  not  themselves  claim  the  exemption  it  shall  not  be  suf- 
ficient cause  for  challenging  any  person  exempt  under  the  pro- 
visions of  this  Act.  *  *  *  The  Governor,  Lieutenant  Gov- 
ernor, State  Auditor,  State  Treasurer,  Secretary  of  State,  Su- 
perintendent of  Public  Education,  their  clerks  and  employees, 
and  all  public  officers  commissioned  under  the  authority  of  the 
United  States.  *  *  *  professors  and  school  teachers  while 
employed  in  teaching.  *  *  * 

216-a.    (Sundry  Acts  on   School   Affairs.) 

1.  Centenary  College  of  Louisiana,  formerly  the  College  of 
Louisiana,  to  be  investigated  by  a  legislative  committee,  Act  No. 
16,   '08.     Suit  authorized,  Act  147  of  1910. 

2.  Giving  school  site  to  the  City  of  Baton  Rouge,  Act  No. 
186,  '06. 

3.  Authorizing  the  Trustees  of  Minden  Female  College  to 
transfer   its  property   to   the   School   Board   of   the   Parish   of 
Webster,  Act  No.  214,   '08. 

4.  Authorizing  Auditor  and  Treasurer  to  invest  sixteenth 
section  proceeds  in  levee  bonds,  Act  No.  54,  1900,  and  Act  No. 
226,   '02. 

5.  Authority  of  institutions  of  learning  to  confer  literary 
degrees,  Act  No.   96,  1900. 

6.  Separating  the  city  schools  of  Lake   Charles  from  the 
Parish  of  Calcasieu,  Act  90,    '06. 

216-b.    (School    Libraries   Established,  A.  202,  '06.) 

"Whenever  the  patrons  and  friends  of.  any  individual  school 
or  grade  of  the  free  public  schools  in  which  a  library  has  not 
already  been  established  by  the  aid  of  the  parish  board  of  school 
directors,  shall  raise  by  private  subscription  or  otherwise  and  ten- 
der to  the  treasurer  of  the  parish  public  school  funds,  for  the  es- 
tablishment of  a  library  to  be  connected  with  such  school  or  grade, 


99 

the  sum  of  ten  dollars,  and  the  parish  treasurer  has  so  advised 
the  secretary  of  the  parish  board  of  school  directors,  the  said 
'board  at  its  next  quarterly  meeting  shall  appropriate  from  the 
public  school  funds  the  sum  of  ten  dollars  for  this  purpose, 
.and  shall  appoint  the  teacher  in  charge  of  said  school  or  grade 
the  manager  of  such  libraries;  provided  further,  that  at  times 
other  than  during  the  school  term,  the  library  shall  be  kept  in 
a  locked  case  provided  for  under,  this  Act. 

216-c.    (Duty  of  Parish  Treasurer  and  Secretary  of  School   Board.) 

Section  2.  Be  it  further  enacted,  etc.,  That  as  soon  as  the 
.secretary  of  the  parish  board  of  school  directors  shall  have  re- 
ceived notice  from  the  treasurer  of  the  parish  public  school 
funds  (and  said  notice  should  be  served  by  the  said  treasurer, 
within  five  days  after  receipt  of  same)  that  a  donation  for  a 
libray  for  a  certain  school  or  grade  has  been  made,  the  secretary 
shall  inform  the  State  Superintendent  of  Public  Education  of 
the  fact,  whereupon  the  said  State  Superintendent  shall  furnish 
the  said  secretary  a  list  of  public  school  library  books  and 
prices  therefor,  said  books  and  prices  having  been  approved 
lay  the  State  Board  of  Education. 

216-d.    (Manner   of   Selecting    Books.) 

Section  3.  Be  it  further  enacted,  etc.,  That  within  five 
days  after  the  parish  board  of  school  directors  shall  have  made 
an  appropriation  for  a  library,  the  president  and  secretary  of 
the  board,  with  the  assistance  of  the  teacher  in  charge  of  the 
school  or  grade  for  which  the  appropriation  was  made,  shall  select 
from  the  aforesaid  approved  list  of  books  for  public  school  libra- 
ries a  list  of  books  to  be  purchased  for  the  said  library,  and  shall 
submit  a  list  of  books  to  be  purchased  to  the  secretary  of  the 
board,  who  shall  order  the  books  at  once,  and  payment  for  same 
shall  be  made  by  warrant  upon  the  treasurer  of  the  parish  public 
school  funds  signed  by  the  president  and  secretary  of  the  parish 
Aboard  of  school  directors. 

(Duty  of  School  Board  to  Furnish  Book  Case.) 

Upon  application  of  the  parish  superintendent,  the  parish 
l)oard  of  school  directors  shall  furnish,  to  each  library,  at  the 
-expense  of  the  public  school  funds,  a  neat  bookcase,  with  lock 
.and  key. 


100 

216-e.  (Local  Manager  to  Observe  Rules  and  Regulations;  Report  to 
State  Superintendent.) 

The  local  manager  of  every  library  shall  carry  out  such 
rules  and  regulations  for  the  proper  use  and  preservation  of 
the  books  as  may  be  established  by  the  State  Superintendent  of 
Public  Education,  and  shall  on  or  before  the  tenth  day  of 
January  of  each  year  make  to  the  State  Superintendent  of  Pub- 
lic Education  such  report  as  he  may  require. 

216-f.  (Duty  of  School  Board  When  Second  Appropriation  is  Made  After 
One  Year;  Subsequent  Appropriations  Limited  to  One  Par 
Year.) 

Section  5.  Be  it  further  enacted,  etc.,  That  when  the  pa- 
trons and  friends  of  any  individual  school  or  grade  of  the 
public  school  in  which  a  library  has  been  established  for  one 
year  under  the  preceding  sections  of  this  Act,  shall  raise  by 
private  subscription  or  otherwise  and  tender  to  the  treasurer  of 
the  parish  school  funds  the  sum  of  five  dollars  for  the  enlarge- 
ment of  the  library,  the  parish  board  of  school  directors  shall 
appropriate  from  the  money  belonging  to  that  school  or  grade 
not  less  than  the  sum  of  five  dollars  nor  more  than  fifteen  dol- 
lars. The  money  thus  collected  and  appropriated  shall  be  used 
for  the  enlargement  of  libraries  already  established  under  the 
same  rules  and  restrictions  as  govern  the  establishment  of  new 
libraries;  provided  that  no  more  than  one  such  appropriation 
shall  be  made  each  year  for  each  school  or  grade. 

216-g.    (Legal  Ownership  to  Remain  in  Parish  School   Board.) 

Section  6.  Be  it  further  enacted,  etc.,  That  the  legal  pos- 
session and  ownership  of  the  books,  cases  and  other  append- 
ages of  the  school  or  grade  library,  shall  be  and  remain  in  the 
parish  board  of  school  directors  and  their  successors  in  office, 
and  that  the  felonious  destruction  or  taking  and  carrying  away 
thereof,  or  any  part  thereof,  or  any  books,  article,  apparatus  or 
furniture,  from  or  belonging  to  any  public  schoolhouse  owned 
or  used  for  public  school  purposes  shall  and  is  hereby  declared 
to  be  larceny,  and  the  breaking  into  such  schoolhouse  at  night, 
with  intent  to  commit  larceny,  as  herein  set  forth,  or  any  felony, 
shall  and  is  hereby  declared  to  be  burglary,  and  that  any  larceny 
or  burglary  so  committed  shall  be  punished  as  in  other  cases, 
under  existing  statutes. 


101 

217.     (Accountability  of  Pupils  to  Teachers;    Suspensions,  S.  61.  A.  214, 
'02.) 

The  teacher  shall  faithfully  enforce  in  the  school  the  course 
of  study  and  the  regulations  prescribed  in  pursuance  of  law; 
and  if  any  teacher  shall  willfully  refuse  or  neglect  to  comply 
with  such  requirements,  the  parish  superintendent,  on  peti- 
tion or  complaint  which  shall  be  deemed  sufficient  by  the 
board,  may  remove  or  dismiss  him  or  her.  Every  teacher  shall 
have  the  power  and  authority  to  hold  every  pupil  to  a  strict 
accountability  in  school  for  any  disorderly  conduct  on  the  play- 
grounds of  the  school  or  during  intermission  or  recess,  and  to 
suspend  from  school  any  pupil  for  good  cause;  provided,  that 
such  suspension  shall  be  reported  in  writing  as  soon  as  practica- 
ble to  the  parish  superintendent,  whose  decision  shall  be  final; 
and  provided  further,  that  in  the  Parish  of  Orleans  the  prin- 
cipals of  schools  shall  suspend  and  report  the  same  to  the  super- 
intendent for  approval  or  further  action. 

CITY  SCHOOLS 

NOTE. — Sec.  73  is  part  of  Act  167,  1904.  All  others  included  between 
Sections  71  and  81  inclusive,  are  parts  of  Act  214,  '02. 

218-  Section  71.  Be  it  further  enacted,  etc.,  That  all  the  public 
schools  of  the  Parish  of  Orleans,  and  the  property  and  appur- 
tenances thereof,  and  the  course  of  study  and  grading  thereof, 
shall  be  under  the  direction  and  control  of  a  board  of  directors. 

219.     (Organization   of  School   Board;    Duties  of  Secretary,  S.  72,  A.  214, 
'02.) 

Be  it  further  enacted,  etc.,  That  said  board  of  directors  of 
the  public  schools  of  the  Parish  of  Orleans  shall  be  a  body  cor- 
porate in  law,  with  power  to  sue  and  be  sued.  Eleven  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of  business. 
Legal  process  shall  be  served  on  the  president;  in  his  absence 
or  inability  to  act,  on  the  vice-president.  The  City  Attorney 
shall  act  as  attorney  for  the  board.  The  board  shall  be  organ- 
ized within  ten  days  after  appointment,  with  a  president  and 
vice-president  chosen  'from  among  its  members,  and  a  secretary, 
who  shall  not  be  a  member  of  the  board.  In  addition  to  the 
duties  of  his  office,  which  may  be  fully  prescribed  by  the  board, 
the  secretary  shall  make  a  quarterly  report  to  the  State  Super- 
intendent of  Education  of  the  cost  of  maintaining  the  city 


102 

schools,  ai\d  shall  keep  the  accounts  of  said  board  in  such  man- 
ner as  to  be  in  strict  accordance  with  such  budget  as  it  may 
adopt,  certifying  to  said  board  at  each  monthly  meeting  the  ex- 
penses of  said  board  for  each  current  month.  Said  board  shall 
have  control  of  all  buildings,  records,  papers,  furniture  and 
property  of  any  kind  pertaining  to  the  administration  of  the 
schools,  and  Shu  11  have  management  of  all  the  public  schools 
within  the  limits  of  the  City  of  New  Orleans.  The  said  board 
shall  also  have  power  to  pledge  its  revenues  for  the  year  then 
current,  whether  received  from  the  State,  parish,  Board  of 
Liquidation  of  City  Debt,  or  otherwise,  for  the  purpose  of 
promptly  paying  its  obligations,  or  for  such  other  purposes  as 
to  said  board  may  seem  proper. 

Section  73.  Be  it  further  enacted,  etc.,  That  in  addition  to 
the  powers  and  duties  hereinbefore  granted  to  and  imposed 
upon  parish  boards,  the  powers  and  duties  of  said  board  of 
directors  of  the  Parish  of  Orleans  shall  be  as  follows: 
220.  First.  It  shall  adjust  and  fix  equitably  the  salaries  of 
teachers  and  janitors,  secretary,  employees,  and  of  such  assistant 
superintendents  as  it  may  deem  necessary  for  an  efficient  super- 
vision of  the  schools. 

221  •  Second.  It  shall  limit  the  annual  expenses  of  maintain- 
ing the  schools  to  the  annual  revenue,  and  the  expense  for  any 
one  month  shall  not  exceed  the  one-ninth  part  of  the  whole 
amount  provided  for  the  schools. 

222.  Third.  It  shall  prescribe  rules  for  subjecting  teachers  or 
candidates  for  teacherships  to  a  careful  competitive  examination 
on  all  such  branches  as  they  are  expected  to  teach,  and  no  per- 
son shall  be  elected  to  a  position  as  teacher  without  a  favora- 
ble report  on  his  moral  or  mental  qualifications  by  an  organized 
committee  of  examiners  appointed  by  the  board.  Teachers  reg- 
ularly examined  and  elected  shall  not  be  removed  from  the 
schools  during  the  time  for  which  employed,  except  on  written 
charges  of  immorality,  neglect  of  duty,  incompetency  or  malfea- 
sance of  which  he  has  been  found  guilty  by  a  majority  of  the 
members  of  the  board  at  a  regular  monthly  meeting.  The  said 
board  may  except  from  said  examination  any  person  who  has 
passed  a  satisfactory  examination,  as  required  by  Act  No.  23 
of  1877,  approved  March  twenty-sixth  (26th),  eighteen  hundred 
and  seventy-seven  (1877). 


103 

223.  Fourth.    It  shall  elect  all  teachers  from  among  the  can- 
didates holding  certificates  in  the  order  of  their  merit,  as  shown 
by  the  averages  attained  at  the  regular  competitive  examinations. 

224.  Fifth.    All  certificates  shall  be  good  for  five  years  and 
shall  be  graded  by  the  said  board;   provided,  teachers  in  service 
shall  not  be  required  to  stand  future  examinations. 

225-  Sixth.    It  shall  hold  regular  monthly  meetings  on  a  day 
fixed  by  it. 

226-  Seventh.    It  shall  declare  vacant  the  position  of  any  of 
its  members  who  shall  have  failed  to  perform  the  duties  assigned 
to  him,  or  who  shall  have  absented  himself  from  two  successive 
monthly  meetings  of  the  board  without  leave,  or  shall  have  been 
guilty  of  any  breach  of  decorum  or  of  any  other  act  inconsist- 
ent with  the  dignity  of  a  school  director;    and  it  shall  report 
each  vacancy  to  the  body  by  which  delinquent  member  shall 
have  been  previously  elected  or  appointed;   it  shall  be  the  duty 
of  the  board  of  directors  of  city  schools  elected  and  appointed 
under  the  provisions  of  this  Act  to  examine  and  scrutinize  per- 
sonally the  accounts  of  their  predecessors,  in  order  to  find  out 
if  their  administration  of  the  school  funds  committed  to  their 
charge  for  disbursement  has  been  in  accordance  with  law,  so  that 
in  the  future  a  proper  administration  of  tho  city  schools  may 
be  had. 

227.  Eighth.    It  may  establish,   when  practicable,   evening  or 
night  schools  for  the  instruction  of  such  youth  as  are  prevented 
by  their  daily  vocation  from  receiving  instructions  during  the 
day. 

228.  Ninth.    It  may  establish,  when  deemed  advisable,  one  or 
more  normal  schools  for  professional  training  and  improvement 
of  candidates  for  teacherships,  including  the  course  of  instruc- 
tion and  training,  lectures  in  the  natural  sciences,  and  on  the 
method  of  teaching  and  disciplining  children,  and  the  practical 
exercises  of  non-teaching  students  in  model  classes  organized  for 
that  purpose  by  the  faculty  of  the  institution.     To  graduates 
of  these  normal  schools,  also  to  proficient  students  in  the  city 
high  schools  the  board  may,  in  its  discretion,  award  diplomas. 
Graduates  of  these  normal  schools  may   be  deemed  preferred 
candidates    for    vacant    position    in    the    city    public    schools. 
Diplomas  awarded  to  graduates  of  these  normal  schools  shall  be 
deemed  equivalent  to  teaching  certificates  of  the  highest  grade 


104 

for  public  schools;  provided,  that  the  final  examinations  for 
graduation  from  said  normal  school  shall  be  conducted  in  the 
same  manner  and  include  the  same  subjects  as  the  public  com- 
petitive examinations  required  by  paragraph  three  (3)  of  this 
section. 

229-  Section  75.  Be  it  further  enacted,  etc.,  That  the  said  board 
is  authorized  to  appoint  for  the  constant  supervision  and  period- 
ical examinations  of  the  public  schools  of  the  Parish  of  Orleans, 
a  competent  and  experienced  educator  to  be  designated  as  super- 
intendent. He  shall  aid  the  directors  in  organizing  the  schools 
and  in  improving  the  methods  of  instruction  therein,  in  exam- 
ining candidates  for  teacherships,  and  in  conducting  periodical 
examination  of  pupils  for  promotion  through  the  respective 
grades  of  the  schools,  and  in  maintaining  general  uniformity  and 
discipline  in  the  management  of  all  the  schools.  He  shall  make 
monthly  reports  on  the  condition  and  needs  of  the  schools  to  his 
board  of  directors  at  their  regular  monthly  meetings.  For  the 
information  of  the  Common  Council,  the  city  school  directors, 
and  the  public  generally,  he  shall,  on  or  before  the  fifteenth  day 
of  January  of  each  year,  publish  a  printed  report,  in  book  form, 
showing  the  condition  and  progress,  and  possible  improvements 
to  be  made  in  the  public  schools  of  the  city,  the  amount  and 
condition  of  the  school  fund.«,  how  the  revenues  have  been  dis- 
tributed during  the  past  year,  the  amount  collected  and  disbursed 
for  common  school  purposes  from  the  general  current  school 
fund  of  the  State,  from  local  taxation  or  appropriation,  and  from 
all  other  sources  of  revenue,  and  how  the  same  was  expended 
for  buildings,  repairs,  salaries,  furniture,  and  apparatus,  and 
all  other  items  of  expenditure.  The  report  will  show,  also,  the 
number  of  pupils  enrolled,  male,  female,  white  and  colored,  the 
number  and  location  of  school  houses,  the  number  of  teachers 
employed  in  the  various  grades,  in  the  normal,  high,  grammar, 
primary,  and  kindergarten  schools;  it  shall  contain,  also,  an 
account  of  examinations  held  for  teacherships,  the  number  of 
certificates  of  each  grade  awarded,  the  names  of  applicants  who 
received  them,  and  generally  all  other  items  of  information 
which  should  be  contained  in  a  report  i>pon  the  annual  opera- 
tion of  the  school  system  of  a  large  city.  Copies  of  this  report 
shall  be  forwarded,  one  each,  to  the  Governor  and  members  of 
the  State  Board  of  Education,  the  State  Superintendent  of 


105 

Education,  the  members  of  the  Common  Council  of  the  City  of 
New  Orleans,  and  to  other  officials  and  persons  interested  in  the 
welfare  and  progress  of  the  city  schools.  Whenever  notified  to 
be  present,  he  shall  attend  meetings  of  the  State  Board  of  Edu- 
cation. He  shajl  hold  his  office  for  a  term  of  four  years,  subject 
to  removal  by  the  board  for  incompetency,  neglect  of  duty  or 
malfeasance,  of  which,  after  an  impartial  hearing  by  the  board, 
he  shall  have  been  adjudged  guilty.  He  shall  be  ex-officio  a 
member  of  said  board,  entitled  to  participate  in  its  delibera- 
tions and  debates,  and  in  the  examination  of  candidates  for 
teacherships ;  but  he  shall  not  cast  a  vote  in  the  board. 
230.  Section  76.  Be  it  further  enacted,  etc.,  That  the  treas- 
urer of  the  City  of  New  Orleans  shall  ex-officio  be  the  treasurer 
of  said  board  and  shall  receive  all  funds  apportioned  by  the 
State  to  such  city,  or  received  or  collected  for  the  support  of  the 
free  public  schools  from  any  and  all  sources.  He  shall  give  bond, 
with  good  and  solvent  security,  in  the  sum  of  ten  thousand  dol- 
lars ($10,000)  in  favor  of  the  president  of  said  board  and  his 
successors  in  office,  to  be  accepted  and  approved  by  said  board 
and  recorded  in  the  mortgage  office  of  the  parish,  and  which 
bond  shall  then  be  filed  and  kept  on  record  in  the  office  of  the 
said  board.  The  filing  of  said  bond,  and  taking  and  filing  the 
usual  oath  of  office  before  any  officer  authorized  to  administer 
the  same,  shall  qualify  the  treasurer  to  act. 

231-  Section  77.    Be  it  further  enacted,  etc.,  That  said  treas- 
urer shall  hold  his  office  for  four  years,  or  during  his  term  of 
office  as  city  treasurer,  unless  sooner  removed  after  due  trial  and 
hearing  by  the  said  board,  for  neglect  of  duty  or  malfeasance 
in  office;    and,  in  case  of  removal  by  the  board,  it  shall  elect  a 
treasurer  who  shall  not  be  a  member.    He  shall  receive  the  sum 
of  six  hundred  dollars  per  annum  for  the  trouble  and  expense 
which  may  be  incurred  by  him  in  the  discharge  of  the  duties 
imposed  under  this  Act,  payable  monthly.     He  shall  keep  his 
office  open  at  all  such  times  as  may  be  prescribed  by  said  Board, 
for  the  payment  of  pay  rolls  or  checks  in  favor  of  teachers  and 
other  employees  of  the  board. 

232-  Section  78.    Be  it  further  enacted,  etc.,  That  the  mayor, 
treasurer  and  comptroller  of  the  City  of  New  Orleans  shall  be 
ex-officio  members  of  the  said  board  and  entitled  to  take  part 


106 

in  all  the  debates  and  deliberations  in  said  board  on  the  ways 
and  means  of  maintaining  the  public  schools  of  said  parish,  but 
they  shall  not  have  the  right  to  vote. 

233.  Section  79.    Be  it  further  enacted,  etc.,  That  in  addition 
to  the  duties  imposed  upon  the  parish  board  of  directors,  it  shall 
be  the  duty  of  said  board  for  the  Parish  of  Orleans  to  present 
to  the  Common  Council  of  the  City  of  New  Orleans,  on  the  10th 
day  of  December  of  each  year,  a  full  report  of  the  condition  of 
the  city  schools,  showing  the  number  of  teachers  and  other  em- 
ployees and  their  salaries;    the  number  and  location  of  school - 
houses,  with  the  condition  thereof,  and  the  estimated  cost  of 
keeping  all   appurtenant   grounds  in   good  repair   during   the 
ensuing  year,  also  a  detailed  exhibit  of  all  receipts  and  expendi- 
tures of  the  board  for  the  schools  during  the  previous  twelve 
months;   said  report  shall  be  accompanied  with  a  statement  cer- 
tified by  the  officers  of  the  board  of  the  daily  average  attend- 
ance of  pupils  during  the  annual  session,  and  the  average  ex- 
penses per  capita  of  their  instruction. 

234.  Section    80.     Be  it  further  enacted,  etc.,  That  it  shall  be 
the  duty  of  the  Common  Council  of  the  City  of  New  Orleans,  in 
making  up  their  budget  of  annual  expenses,  to  include  therein 
the  amount  necessary  to  meet  the  expenses  of  the  schools,  as 
shown  by  the  statement  of  the  actual  attendance,  and  the  cost 
of   instruction  required   by   the   preceding   section,   with   such 
additional  allowance  for  probable  increased  attendance  and  con- 
tingent expenses  as  may  seem  just  and  reasonable  to  the  City 
Council,  and  to  keep  in  good  repair  all  schoolhouses  and  school 
grounds  belonging  to  the  city. 

235.  Section  81.    Be  it  further  enacted,  etc.,  That  this  Act  shall 
go  into  effect  from  and  after  its  passage;    and  nothing  in  this 
Act  shall  be  so  construed  as  to  vacate  the  office  of  any  teacher 
until  the  expiration  of  the  term  for  which  he  or  she  shall  have 
been  appointed  under  existing  laws,  nor  as  requiring  such  per- 
sons now  teaching  in  the  public  schools  of  the  City  of  New 
Orelans  to  qualify  in  accordance  with  this  Act,  or  to  pass  such 
examinations  as  are  otherwise  demanded  by  paragraph  five  of 
Section  75,  and  that  all  laws  in  conflict  with  the  provisions  of 
this  Act  be,  and  the  same  are  hereby  repealed,  except  Acts  passed 
at  the  present  session  of  the  General  Assembly.    Provided,  fur- 
ther, that  the  adoption  and  promulgation  of  this  Act  will  not 


107 

interfere  with  the  present  organization  of  the  New  Orleans  board, 
but  that  said  board  and  its  members  shall  continue  in  office  and 
vacate  office  as  now  provided  in  Section  62  of  Act  81  of  1888,  as 
if  this  law  had  not  been  enacted. 

236.  (City  Council  Authorized  to  Establish,  S.  1377,  R.  S.) 

The  Common  Council  of  the  City  of  New  Orleans  are  au- 
thorized to  establish  one  or  more  public  schools  in  each  district, 
for  the  gratuitous  education  of  the  children  residing  therein; 
to  enact  ordinances  for  the  organization,  government  and  dis- 
cipline of  the  same,  and  to  levy  taxes  for  their  support,  as  to 
them  may  seem  proper. 

237.  (Report  to  State  Superintendent,  S.   1378,  R.  S.) 

The  Council  shall  make  a  report  annually  to  the  Superin- 
tendent of  Public  Education  of  the  disposition  of  the  school 
funds,  and  communicate  all  other  information  respecting  public 
education  which  they  may  possess  and  which  may  be  called  for 
by  him. 

238.  (School   Books  for  Indigent  Pupils,  A.  55,  '02.) 

Section  1.  Be  it  enacted,  etc.,  That  the  board  of  directors  of 
the  public  schools  for  the  Parish  of  Orleans  shall  appropriate 
annually  not  less  than  the  sum  of  two  thousand  dollars,  or  as 
much  thereof  as  may  be  needed  for  the  purchase  of  school  books 
to  be  used  for  pupils  in  the  primary  grades  of  the  public  schools 
of  the  Parish  of  Orleans. 

239.  Section  2.     Be  it  further  enacted,  etc.,  That  said  board 
of  directors  shall  furnish  school  books  to  all  pupils  in  the  pri- 
mary grades  in  the  public  schools  throughout  the  Parish  of 
Orleans  who  are  unable  to  provide  themselves  with  the  requisite 
books.    In  order  to  obtain  such  books  for  pupils  who  are  unable 
to  provide  themselves  with  same,  it  shall  be  necessary  for  parents 
or  guardians  of  such  children  to  make  written  application  to 
said  board  through  the  principals  of  school  or  to  the  Superin- 
tendent to  that  effect,  on  forms  to  be  provided  by  said  board; 
and  it  shall  be  also  necessary  for  such  parents  or  guardians  to 
attest  said  application  before  any  public  authority,  authorized 
to  administer  oaths,  or  before  the  said  Superintendent,  or  be- 
fore the  principal  of  schools,  who  are  hereby  authorized  to  receive 
and  administer  such  attestations. 


108 

240.    (The  Position  of  the  Teacher  Permanent,  S.  1,  A.  166,  '08,  amending 
and  re-enacting  S.  74,  A.  81,  '88.) 

That  nothing  in  this  Act  shall  be  construed  as  to  vacate  the 
office  of  any  teacher  for  which  he  or  she  shall  have  been  appointed 
under  existing  laws,  nor  as  requiring  such  persons  now  teaching 
in  the  public  schools  of  the  Parish  of  Orleans  to  qualify  in  ac- 
cordance with  this  Act,  or  to  pass  such  examinations  as  are  other- 
wise required  by  paragraph  5  of  Section  64  of  this  Act. 
241  •  All  teachers  now  employed  in  said  public  schools,  and 
those  occupying  positions  as  principals  and  vice-principals  in 
said  schools,  shall  be  regarded  as  permanent  employees  of  said 
Board  of  Directors  of  the  Public  Schools  for  the  Parish  of  Or* 
leans,  and  said  teachers  shall  not  be  removed  from  office,  nor  said 
principals  or  vice-principals  deposed  or  removed  from  such  posi- 
tions, except  for  cause,  in  the  manner  and  form  as  set  out  in  para- 
graph 3  of  said  Section  64  of  this  Act ;  provided,  that  the  mar- 
riage of  a  female  teacher  at  any  time  shall  ipso  facto  vacate  her 
position. 

242-  All  teachers  hereafter  appointed  in  said  schools,  and  all 
principals  and  vice-principals  elected  by  said  board  hereafter, 
shall  be  appointed  permanently  and  shall  not  be  subject  to  re- 
moval except  for  cause,  and  as  set  out  in  paragraph  3  of  Sec- 
tion 64  of  this  Act. 

(LOUISIANA  STATE  UNIVERSITY  AND  A.  AND  M.  COLLEGE,  Act 
47,  70;   A.  14,  '67;   A.  96,  '60;   A.  121,  '69;   A.  228,  '58;   A 
303,  '67;   A.  72,  '69;   A.  145,  '76;   A.  20,  '75;   A.  65,  '77;   A. 
125,  '74;    A.  141,  '94;    A.  75,  '96;    A.  152,   '02;    A.  100,   '86; 
See  Constitution,  '98.) 

243.    (Object  of  the  Institution,  A.  145,  77.) 

The  Louisiana  State  University  and  Agricultural  and 
Mechanical  College,  as  hereinafter  created,  shall  have  for  its 
object  to  become  an  institution  of  learning,  in  the  broadest  and 
highest  sense,  where  literature,  science  and  all  the  arts  may  be 
taught;  where  the  principles  of  truth  and  honor  may  be  estab- 
lished, and  a  noble  sense  of  personal  and  patriotic  and  religious 
duty  inculcated;  in  fine,  to  fit  the  citizen  to  perform  justly, 
skillfully,  and  magnanimously  all  the  offices,  both  private  and 
public,  of  peace  and  war. 


109 

244.  (General   Instruction,  A.  145,  '77.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  as  hereinbefore  created,  shall  provide  general  in- 
struction and  education  in  all  the  departments  of  literature, 
science,  art,  and  industrial  and  professional  pursuits;  and  it 
shall  provide  special  instruction  for  the  purpose  of  agriculture, 
the  mechanic  arts,  mining,  military,  science  and  art,  civil  engin- 
eering, law,  medicine,  commerce  and  navigation. 

NOTE. — See  L.  S.  U.  catalogue  for  degrees  conferred. 

245.  (Branches  to  be  Taught,  A.  145,  '77.) 

There  shall  be  maintained  in  the  Louisiana  State  University 
and  Agricultural  and  Mechanical  College,  as  hereinbefore  con- 
stituted and  established: 

First — Schools  of  literature,  including  the  languages  of  the 
principal  nations  of  ancient  and  modern  times,  philosophy,  logic, 
rhetoric  and  elocution,  history,  ethics,  metaphysics  and  such 
other  and  special  branches  of  learning  as  the  board  of  super- 
visors may  determine. 

Second — Schools  of  science,  including  mathematics,  astron- 
omy, engineering,  architecture,  drawing,  physics,  chemistry, 
botany,  zoology,  agriculture,  mechanics,  mining,  navigation  and 
commerce  and  such  other  special  branches  of  learning  as  the 
board  of  supervisors  may  determine. 

Third — Schools  of  the  useful  and  fine  arts,  and  of  military 
science  and  art. 

Fourth — Schools  of  medicine  and  law. 

Fifth — Such  other  schools  as  the  board  of  supervisors  maj 
establish. 

246.  (Affiliation  With  Any  Incorporated  Institution,  A.  145,  77.) 

The  board  of  supervisors  may  affiliate  with  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  any 
incorporated  university  or  college,  or  school  of  medicine,  law 
or  other  special  course  of  instruction,  upon  such  terms  as  may 
be  deemed  expedient;  and  such  university,  college  or  school 
may  retain  the  control  of  its  own  property,  have  its  own  board 
of  trustees,  faculties  and  president  respectively;  and  the  stu- 
dents of  such  universities,  colleges  -or  schools  recommended  by 
the  respective  faculties  thereof,  may  receive  from  the  Louisiana 


110 

State  University  and  Agricultural  and  Mechanical  College  tho 
degrees  of  those  universities,  colleges  or  schools,  and  the  said 
students  of  learning  or  special  schools,  thus  graduated,  shall 
rank  as  graduates  of  the  Louisiana  State  University  and  Agri- 
cultural and  Mechanical  College. 

246-a.    (Beneficiary   Cadets.) 

Each  parish,  as  now  created,  or  that  may  hereafter  be  cre- 
ated in  the  State,  shall  have  the  right  to  delegate  to  the  Louisi- 
ana State  University  and  Agricultural  and  Mechanical  College 
one  beneficiary  cadet,  and  the  City  of  New  Orleans  shall  have 
the  right  to  delegate  to  said  institution  seventeen  beneficiary 
cadets;  or  one  from  each  ward  of  said  city,  said  beneficiaries 
to  remain  at  said  institution  four  years,  unless  sooner  grad- 
uated or  otherwise  discharged;  provided,  that  no  beneficiary 
cadet  shall  be  permitted  to  resign  from  said  institution,  without 
the  consent  of  the  board  of  supervisors  thereof,  which  consent 
shall  be  given  only  in  case  of  urgent  necessity,  such  as  serious 
and  long  protracted  ill  health,  duly  declared  by  the  certificate 
of  the  surgeon  of  said  institution,  or  other  competent  physician, 
be  of  such  a  nature  as  to  render  it  impossible  for  said  cadet  to 
pursue  his  studies  with  advantage. 

246.-b.    (Police  Juries  and  City  Councils  to  Elect  Beneficiaries.) 

The  police  jury  of  each  parish  and  the  city  council  of  New 
Orleans,  respectively,  may  at  a  regular  meeting  elect  the  num- 
ber of  beneficiary  cadets  to  which  said  parish  or  city  is  entitled 
as  aforesaid,  of  such  age  and  qualifications  as  may  be  prescribed 
by  the  board  of  supervisors  for  admission  to  the  college  classes 
of  said  University  and  Agricultural  and  Mechanical  College; 
and  shall  cause  the  beneficiary  so  selected  to  report  in  person 
at  said  institution  on  or  before  said  5th  day  of  October;  pro- 
vided, that  said  beneficiary  cadet  shall  be  selected  from  the 
number  of  those  residents  of  said  parish  or  of  said  city,  who 
have  not  themselves,  nor  have  their  parentss  the  means  of  defray- 
ing the  whole  of  their  necessary  expenses  of  maintenance  and 
support  of  said  institution,  which  facts  shall  be  duly  certified 
to  the  president  of  said  institution,  by  the  president  of  said  police 
jury,  or  said  city  council  of  New  Orleans,  as  true,  to  the  best 
of  his  knowledge  and  belief. 


Ill 

246-c.    (Authority  of  the  Police  Juriss,  and  City  Council  of  New  Orleans 
to  Appropriate   Funds  for  Beneficiaries.) 

For  maintenance  and  board  of  said  beneficiaries  in  said  insti- 
tution, the  police  juries  of  the  several  parishes  and  the  city 
council  of  the  City  of  New  Orleans,  be  and  are  hereby  author- 
ized and  empowered  to  appropriate  out  of  their  respective  treas- 
uries, a  sufficient  sum  to  defray  the  necessary  expenses  of  said 
cadets  as  appointed  under  the  provisions  of  this  act ;  provided, 
that  the  expense  of  no  cadet  shall  exceed  two  hundred  and  fifty 
dollars  ($250)  per  annum;  provided,  that  under  no  circum- 
stances shall  any  part  of  this  sum  be  paid  by  the  State. 

247.  (Recognition  of  the  Degrees  Conferred,  A.  93,  '08.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  all  diplomas  or  degrees,  whether  literary  or  scientific, 
academic  or  professional,  granted  by  the  Board  of  Supervisors 
of  the  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College  upon  the  recommendation  of  the  faculty  of  said  insti- 
tution shall  be  recognized  by  the  courts  and  other  officials  of 
Louisiana  as  entitling  the  graduates  holding  said  diplomas  or 
degrees  to  the  same  rights,  immunities  and  privileges  in  the  State 
of  Louisiana  as  the  diplomas  or  degrees  of  any  other  institution 
of  learning  whatsoever, 

248.  (Benefits  of  the  Carnegie  Fund  Allowed,  A.  219,  '08.) 

Be  it  resolved  by  the  House  of  Representatives  of  the  State 
of  Louisiana,  the  Senate  concurring,  That  the  Board  of  Super- 
visors of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College  is  hereby  authorized  to  accept  the  offer  of 
the  Board  of  Trustees  of  the  Carnegie  Foundation  to  admit 
State  universities  to  tLe  benefits  of  the  retiring  allowance  system 
of  said  Foundation. 

249.  (Authority  to  Charge  Tuition  Fees,  A.  227,  '08.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  Section  1  of  Act  No.  152  of  1902,  entitled  "An  Act 
authorizing  the  Board  of  Supervisors  of  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College  to  deter- 
mine the  fees  of  students  or  cadets,"  shall  be  amended  and  re- 
enacted  so  as  to  read  as  follows: 


112 

Section  1.  That  the  Board  of  Supervisors  of  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  shall 
have  power  and  authority  to  determine  what  fees  and  other 
charges  shall  be  paid  by  students  or  cadets;  provided,  that  no 
fee  for  tuition  shall  be  charged  to  any  student  or  cadet  who  is 
a  bona  fide  resident  of  the  State  of  Louisiana  unless  said  student. 
or  cadet  be  pursuing  a  special  graduate,  or  professional  course 
of  study. 

250.  (Establishing  a  Chair  of  Forestry,  A.  242,  '08.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  it  is  hereby  made  the  duty  of  the  Board  of  Super- 
visors of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College  at  Baton  Kouge,  La.,  to  establish  and  main- 
tain a  Chair  of  Forestry  in  said  University  for  the  purpose  of 
teaching  the  care,  protection  and  conservation  of  the  forests  of 
this  State. 

251.  (Object;  to  Whom  Open,  S.  1,  A.  73,  '92.) 

(STATE  NORMAL  SCHOOL,  Act  73,  '92;  A.  61,  '86;  A.  23,  '88; 
A.  70,  '02 ;  A.  91,  '96 ;  A.  158,  '02 ;  A.  51,  '84.  See  Constitu- 
tion, '98.) 

The  State  Normal  School,  located  at  Natchitoches,  in  the  Par- 
ish of  Natchitoches,  in  conformity  with  Sections  4  and  8  of  Act 
No.  51  of  1884,  shall  have  for  its  object  to  train  teachers  for  the 
public  schools  of  Louisiana,  and  shall  be  open  to  white  persons 
of  either  sex  or  age  and  qualifications  as  may  be  hereinafter 
prescribed. 

252.  (Departments  and  Classes,  S.  6,  A.  73,  '92.) 

The  State  Normal  School  shall  contain  two  departments,  the 
Normal  Department  and  the  Practice  School.  The  course  of 
study  of  the  Normal  Department  may  extend  over  a  period  of 
four  years,  and  shall  embrace  thorough  instruction  and  training 
in  the  history  and  science  of  education,  the  theory  and  practice 
of  teaching,  the  organization  and  government  of  schools  and 
such  other  branches  of  knowledge  as  may  be  deemed  necessary  to 
fit  the  students  for  the  varied  work  of  a  complete  system  of  public 
schools.  The  Practice  School  shall  consist  of  such  grades  or 
classes,  with  such  course  of  study,  as  the  Board  of  Adminis- 
trators may  deem  useful  in  giving  the  Normal  students  the  neces- 
sary practice  in  the  art  of  teaching. 


113 

253.  (Qualifications  for  Admission,  S.  7,  A.  73,  '92.) 

Applicants  for  admission  to  the  Normal  Department  must 
be  at  least  fifteen  years  of  age  if  female,  and  sixteen  years  of 
age  if  male ;  must  give  satisfactory  evidence  of  good  moral  char- 
acter and  of  requisite  proficiency  in  the  ordinary  branches  of  a 
good  common  school  education;  and  must  declare  in  writing 
their  full  intention  of  continuing  in  the  school  until  graduation, 
unless  sooner  discharged,  and  of  teaching  in  the  public  schools  of 
Louisiana  for  at  least  one  year  after  graduation. 

254.  (Tuition  Free,  Except  in  Some  Instances,  S.  8,  A.  73,  '92.) 
Tuition  shall  be  free  to  all  students  of  the  Normal  Depart- 
ment who  fulfill  all  the  requirements  imposed  by  Section  7  of 
this  Act,  and  to  the  pupils  of  the  primary  grades  of  the  Practice 
School.     All  other  students  shall  be  charged  such  fees  for  tui- 
tion as  may  be  prescribed  by  the  board  of  administrators. 
254-a.    (Beneficiary  Students  to  State  Schools,  A.  158,  '02.) 

Each  police  jury  of  the  several  parishes  of  the  State  shall 
have  the  right  to  delegate  to  the  Louisiana  Industrial  Institute 
at  Ruston,  or  the  Southwestern  Louisiana  Industrial  Institute 
at  Lafayette  or  the  State  Normal  School,  one  (1)  female  student, 
and  the  City  of  New  Orleans  shall  have  the  right  to  delegate 
to  said  institutions  one  female  student  from  each  ward  of  said 
city,  said  beneficiaries  to  remain  at  said  institutions  until  grad- 
uated or  otherwise  discharged;  provided  no  beneficiary  shall  be 
permitted  to  resign  without  the  consent  of  the  board  of  super- 
visors of  the  institute,  which  consent  shall  be  given  only  in  case 
of  urgent  necessity  such  as  serious  or  long  protracted  ill  health, 
duly  declared  by  certificate  of  the  physician  of  such  institute  or 
other  competent  physician,  to  be  of  such  nature  as  to  render  it 
impossible  for  said  student  to  pursue  her  studies  with  advantage. 
254-b.  Section  2.  Be  it  further  enacted,  etc.,  That  the  police 
jury  of  each  parish  and  the  city  council  of  New  Orleans,  re- 
spectively, may  at  a  regular  meeting  select  said  beneficiaries  sub- 
ject to  and  after  competitive  examination  and  of  such  age  and 
qualifications  as  is  prescribed  by  the  rules  of  such  institutes; 
provided,  said  beneficiaries  shall  be  residents  of  such  parish  or 
wards  who  have  not  themselves  nor  have  their  parents  the  means 
of  defraying  the  whole  of  the  necessary  expenses  of  maintenance 
and  support  at  said  institute,  which  fact  shall  be  duly  certified 
to  by  the  president  of  the  police  jury  or  ward  of  said  city. 


114 

254-c.  Section  3.  Be  it  further  enacted,  etc.,  That  for  the  main- 
tenance and  board  of  said  beneficiaries  at  said  institutes,  the 
police  jury  of  the  several  parishes  and  the  city  council  of  New 
Orleans  be,  and  are  hereby,  authorized  and  empowered  to  appro- 
priate out  of  their  respective  treasuries  a  sufficient  sum  to  defray 
the  necessary  expenses  of  said  students  as  appointed  under  pro- 
visions of  this  act ;  provided  the  expense  of  no  beneficiary  shall 
exceed  two  hundred  and  fifty  dollars  ($250)  per  annum. 

255.  (State   Normal  School   Diplomas,  A.  91,  '96.) 

The  Board  of  Administrators  of  the  State  Normal  School  is 
hereby  empowered  to  confer  diplomas  upon  all  graduates  of 
said  school.  This  diploma  shall  entitle  the  holder  to  a  first  grade 
teacher's  certificate  without  examination,  and  shall  be  valid  in 
any  part  of  the  State  for  four  years  from  the  date  of  gradua- 
tion, after  the  expiration  of  which  time  it  may  be  renewed  every 
four  years,  for  the  same  period,  by  said  Board  of  Administrators 
upon  satisfactory  evidence  of  the  ability,  progress  and  moral 
character  of  the  teacher  making  application  for  such  renewal. 
Furthermore,  the  diploma  of  the  State  Normal  School  shall  en- 
title its  holder  to  such  degree  of  preference  in  the  selection  of 
teachers  for  the  public  schools  of  the  State  as  may  be  deemed 
wise  and  expedient  by  the  State  Board  of  Education. 

Section  2.  Be  it  further  enacted,  etc.,  That  all  laws,  or  parts 
of  laws,  in  conflict  with  the  provisions  of  this  Act  be  and  the 
same  are  hereby  repealed. 

256.  (Industrial  College;  Object;  Location;  Privilege,  A.  68,  '94.) 

(LOUISIANA  INDUSTRIAL  INSTITUTE,  Act  68,  '94;  A.  158,  '02; 
See  Constitution  '98.) 

An  Industrial  Institute  and  College  is  hereby  established 
for  the  education  of  the  white  children  of  the  State  of  Lou- 
isiana in  the  arts  and  sciences.  Said  Institute  shall  be  known 
as  ''The  Industrial  Institute  and  College  of  Louisiana,"  and 
shall  be  located  at  Ruston,  Lincoln  Parish,  La.,  provided  said 
town  and  parish  shall  donate  ten  thousand  dollars  ($10,000)  to 
said  Institute,  and  the  same  shall  be  organized  as  hereinafter 
provided.  (See  Constitution  '98,  name.) 

257.  (Branches  to  be  Taught,  A.  68,  '94.) 

The  said  board  of  trustees  shall  possess  all  the  power  neces- 
sary and  proper  for  the  accompilshment  of  the  trust  reposed  in 


115 

them,  viz :  The  establishment  of  a  first-class  Industrial  Institute 
and  College  for  the  education  of  the  white  children  of  Louisiana 
in  the  arts  and  sciences,  at  which  such  children  may  acquire  a 
thorough  academic  and  literary  education,  together  with  a 
knowledge  of  kindergarten  instruction,  of  telegraphy,  stenog- 
raphy and  photography,  of  drawing,  painting,  designing  and 
engraving  in  their  industrial  application;  also  a  knowledge  of 
fancy,  practical  and  general  needle  work;  also  a  knowledge  of 
bookkeeping  and  agricultural  and  mechanical  arts,  together  with 
such  other  practical  industries  as  from  time  to  time  may  be 
suggested  to  them  by  experience,  or  such  as  will  tend  to  promote 
the  general  objects  of  said  Institute  and  College,  to-wit:  Fitting 
and  preparing  such  children,  male  and  female,  for  the  practical 
industries  of  the  age. 

258.  (Establishment,  A.  162,  '98.) 

(SOUTHWESTERN  LOUISIANA  INDUSTRIAL  INSTITUTE,  A.  162, 
'98;  A.  158,  '02.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  a  State  Industrial  Institute  is  hereby  established 
for  the  education  of  the  white  children  of  the  State  of  Louisiana, 
in  the  arts  and  sciences. 

Said  Institute  shall  be  known  as  the  ' '  Southwestern  Louisiana 
Industrial  Institute,"  and  shall  be  located  in  that  parish  of  the 
13th  Senatorial  District  which  will  offer  the  best  inducement 
therefor  to  the  Board  of  Trustees,  said  location  to  be  made  by 
the  Board  to  be  appointed  under  this  Act,  provided  that  the 
parish  selected  for  the  location  of  said  Institution  shall  donate 
not  less  than  twenty-five  acres  of  land  and  five  thousand  dollars 
to  said  Institution,  and  the  same  shall  be  organized  as  herein- 
after provided;  provided  further,  that  in  case  two  or  more  of 
said  parishes  offer  the  same  inducements  then  the  Board  of 
Trustees  shall  select,  by  a  majority  vote,  the  most  suitable  loca- 
tion and  make  report  thereof  to  the  General  Assembly  of  the 
State  of  Louisiana,  at  its  next  session,  together  with  such  recom- 
mendations as  may  be  conducive  to  the  best  interests  of  said 
institution. 

259.  (Branches  Taught,    Etc.) 

The  Board  of  Trustees  shall  possess  all  the  powers  necessary 
and  proper  for  the  accomplishment  of  the  trust  reposed  in  them, 


116 

viz:  The  establishment  of  a  first-class  Industrial  Institute  for 
the  education  of  the  white  children  of  Louisiana  in  the  arts  and 
sciences,  at  which  such  children  may  acquire  a  thorough  aca- 
demic and  literary  education,  together  with  a  knowledge  of  kin- 
dergarten instruction,  of  telegraphy,  stenography  and  photog- 
raphy, or  drawing,  painting,  designing  and  engraving  in  their 
industrial  applications ;  also  a  knowledge  of  fancy,  practical  and 
general  needle- work;  also  a  knowledge  of  bookkeeping  and  agri- 
cultural and  mechanical  art  together  with  such  other  practical 
industries  as  from  time  to  time,  may  be  suggested  to  them  by 
experience,  or  such  as  will  tend  to  promote  the  general  object 
of  said  Institute,  to-wit:  Fitting  and  preparing  such  children,, 
male  and  female,  for  practical  industries  of  life. 

260.  (Departments  of  the  University,  S.  1353,  R.  S.) 

(*TULANE  UNIVERSITY  OP  LOUISIANA,  A.  43,  '84;  A.  94,  '90; 
A.  81,  '60;  A.  320,  '55;  A.  267,  '55;  A.  269,  '55.  See  Constitu- 
tion, '98.) 

The  University  shall  be  composed  of  the  following  depart- 
ments or  faculties,  to-wit :  Law,  Medicine,  the  Natural  Sciences, 
Letters  and  College  proper,  or  Academical  Department;  all  of 
which,  as  the  resources  of  the  University  increase,  shall  be  com- 
pleted and  the  administrators,  excepting  the  Medical  Depart- 
ment, which  shall  be  composed  of  and  formed  by  the  Medical 
College  of  Louisiana,  as  at  present  organized  and  established  by 
law;  which  said  department,  as  hereafter  provided  for,  shall 
be  engrafted  on  the  University,  and  be  conducted  as  hereafter 
directed. 

261.  (Powers  of  the  Board  of  Administrators,  S.  1354,  R.  S.) 

The  administrators  shall  have  the  power  to  direct  and  pre- 
scribe the  course  of  study  and  the  discipline  to  be  observed  in 
the  University;  to  appoint  by  ballot,  or  otherwise,  the  pres- 
ident of  the  University,  who  shall  hold  his  office  at  the  pleasure 
of  the  board  and  perform  the  duties  of  a  professor;  to  appoint 
professors,  tutors  and  ushers  to  assist  in  the  government  and 
instruction  of  the  students,  and  such  other  officers  as  they  may 


"Tulane  University  does  not  belong  to  the  free  public  school  system  of 
Louisiana,  but  on  account  of  the  general  benefits  extended  by  its  scholarship 
system,  its  agreement  with  the  State,  its  relations  as  the  successor  to  the 
"University  of  Louisiana,"  and  the  fact  of  its  being  the  most  distinguished 
and  successful  of  all  the  private  educational  institutions  for  which  special 
legislation  has  been  enacted.  Information  of  public  interest  in  regard  to- 
Tulane  is  embraced  in  this  compilation. 


117 

deem  necessary;  they  being  removable  at  the  pleasure  of  the 
board.  They  shall  fix  the  salaries  of  the  president,  professors 
and  tutors,  in  the  Academic  Department,  and  fill  vacancies  in 
the  professorships.  Vacancies  in  the  Law  or  Medical  Depart- 
ments shall  be  filled  from  persons  first  recommended  to  the  admin- 
istrators by  the  faculty  of  the  department  in  which  a  vacancy 
may  happen.  No  professor,  tutor,  or  other  assistant  officer  shall 
be  an  administrator  of  the  University. 

262.  (By- Laws  and  Regulations,  S.  1358,  R.  S.) 

They  shall  have  power  to  make  all  ordinances  and  by-laws 
which  to  them  shall  seem  expedient  for  carrying  into  effect  the 
design  contemplated  by  the  establishment  of  this  University, 
not  inconsistent  with  the  Constitution  of  the  United  States  and 
of  this  State,  nor  with  the  provisions  of  their  charter.  They 
shall  not  make  the  religious  tenets  of  any  person  a  condition  of 
the  admission  to  any  privilege  or  office  in  the  University,  nor 
shall  any  course  of  religious  instruction  be  taught  or  allowed  of 
a  sectarian  charatcer  and  tendency. 

263.  (Literary  Honors  and  Degrees,  S.  1359,  R.  8.) 

They  shall  have  the  right  of  conferring  under  their  common 
seal,  on  any  person  whom  they  may  think  worthy  thereof,  all 
literary  honors  and  degrees  known  and  usually  granted  by  any 
university  or  college  in  the  United  States  or  elsewhere.  The 
degree  of  Bachelor  of  Law,  and  Doctor  of  Medicine,  granted  by 
them,  shall  authorize  the  person  on  whom  it  is  conferred  to  prac- 
tice law,  physics  and  surgery  in  this  State. 

264.  (Department  of  Law,  S.  1360,   R.  S.) 

The  Department  of  Law  shall  consist  of  three  or  more  pro- 
fessors, who  shall  be  required  to  give  a  full  course  of  lectures  on 
international,  constitutional,  maritime,  commercial  and  munici- 
pal or  civil  law,  and  instruction  in  the  practice  thereof. 

265.  (Access  of  the  Medical  Department  to  the  Charity  Hospital,  S.  1370, 

R.  S.) 

The  Medical  Department  of  the  University  shall  at  all  times 
have  free  access  to  the  Charity  Hospital  of  New  Orleans,  for 
the  purpose  of  affording  their  students  practical  illustrations  of 
the  subjects  they  teach. 


118 

265-a.    (Scholarships  to  be  Granted.) 

In  consideration  of  the  vesting  of  the  administration  of  the 
University  of  Louisiana  in  the  said  Administrators  of  the  "Tu- 
lane  Education  Fund,"  of  the  transfer  of  the  rights,  powers, 
privileges,  franchises  and  immunities  of  the  said  university  to 
said  administrators  and  of  the  exemption  from  all  taxation  as 
herein  above  provided,  the  said  administrators  hereby  agree  and 
bind  themselves,  with  the  revenues  and  income  of  the  property 
heretofore  given  them  by  Paul  Tulane,  Esq.,  as  well  as  from  the 
revenues  of  all  other  property,  real,  personal,  or  mixed,  here- 
after to  be  held,  owned  or  controlled  by  them,  for  the  purposes 
of  education,  to  develop,  foster,  and  maintain,  to  the  best  of 
their  ability  and  judgment,  the  University  of  Louisiana,  here- 
after to  be  known  as  "Tulane  University  of  Louisiana,"  and 
upon  the  adoption  of  the  constitutional  amendment  aforesaid, 
to  perpetually  use  the  powers  conferred  by  this  act,  and  all 
powers  vested  in  them,  for  the  purpose  of  creating  and  main- 
taining in  the  City  of  New  Orleans  a  great  university,  devoted 
to  the  intellectual,  moral  and  industrial  education  and  advance- 
ment of  the  youth  of  this  State,  under  the  terms  of  the  donation 
of  Paul  Tulane,  and  the  previous  provisions  of  this  act.  The 
said  board  further  agree  and  bind  themselves  to  waive  all  legal 
claim  upon  the  State  of  Louisiana  for  any  appropriation,  as 
provided  in  the  Constitution  of  this  State,  in  favor  of  the  Uni- 
versity of  Louisiana.  Besides  the  waiver  of  the  claim,  as  afore- 
said, as  an  additional  consideration  between  the  parties  of  this 
act,  the  said  board  agrees  to  give  continuously,  in  the  academic 
department,  free  tuition  to  one  student  from  each  senatorial 
and  from  each  representative  district  or  parish,  to  be  nominated 
by  its  member  in  the  General  Assembly  from  among  the  ~bona 
fide  citizens  and  residents  of  his  district  or  parish,  who  shall 
comply  with  the  requirements  for  admission  established  by  said 
board.  The  meaning  of  this  provision  being  that  each  member 
of  the  General  Assembly,  whether  Senator  or  Representative, 
shall  have  the  right  of  appointing  one  student,  in  accordance 
with  the  foregoing  provisons.  The  free  tuition  herein  provided 
for  shall  continue  until  each  student  has  graduated  from  the 
academic  department,  unless  his  scholarship  has  ceased  from 
other  cause.  "Whenever  a  scholarship  becomes  vacant,  from  any 
cause,  the  Senator  or  Representative  who  appointed  the  pre- 


119 

vious  student,  or  his  successor,  shall,  in  the  manner  prescribed 
by  this  section,  immediately  name  a  successor. 

266.  (Establishment.) 

(SOUTHERN  UNIVERSITY,  A.  87,  '80;  A.  90,  '88.  See  Con- 
stitution, '98.) 

There  shall  be  established  in  the  City  of  New  Orleans  a 
University  for  the  education  of  persons  of  color,  to  be  named 
and  entitled  the  "Southern  University." 

267.  (Faculty,   Degrees,  Departments,  and  Courses.) 

There  shall  be  established  by  said  board  of  trustees  a  fac- 
ulty of  arts  and  letters,  which  shall  be  competent  to  instruct  in 
every  branch  of  liberal  education,  and  under  rules  of,  and  in 
concurrence  with,  the  board  of  trustees,  to  graduate  students 
and  grant  all  degrees  appertaining  to  letters  and  arts  known  to 
universities  and  colleges  in  Europe  and  America,  on  persons 
competent  and  deserving  the  same. 

There  may  also  be  established  by  said  board  of  trustees  a  de- 
partment of  law  and  medicine.  The  department  of  law  shall  con- 
sist of  three  (3)  or  more  learned  professors,  learned  and  skilled  in 
the  practice  of  law  in  this  State,  who  shall  be  required  to  give  a 
full  course  of  lectures  on  international,  constitutional,  commer- 
cial and  municipal  or  civil  law  and  instruction  in  the  practice 
thereof.  The  medical  department  of  the  university  shall  consist 
of  not  less  than  three  professors.  They  shall  be  appointed  by 
the  board  of  trustees  from  regular  practicing  physicians  of  the 
State.  The  degree  of  bachelor  of  law  and  doctor  of  medicine, 
granted  by  them,  shall  authorize  the  person  upon  whom  it  is 
conferred  to  practice  physics  and  surgery  in  this  State. 

268.  (Establishment  of  the   Institution.) 

(LOUISIANA  STATE  SCHOOL  FOR  THE  BLIND,  A.  92,  '71 ;  A. 
49,  '88;  A.  145,  '98,  amended  by  A.  238,  '08;  A.  166,  '98;  A. 
196,  '02.) 

There  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  blind,  to  be 
known  as  the  "Louisiana  State  School  for  the  Blind." 

269.  (Objects   of  the    Institution.) 

They  shall  receive,  instruct  and  support  in  the  Institution 
all  persons  blind,  or  of  such  defective  vision  as  not  to  be  able 


120 

to  acquire  an  education  in  the  ordinary  schools,  between  the 
ages  of  seven  and  twenty-two  years,  of  sound  mind  and  proper 
health  of  body,  and  residents  of  the  State.  Such  persons  shall 
receive  instructions  and  be  provided  with  board,  lodging,  medi- 
cine and  medical  attendance  at  the  expense  of  the  institution 
and  if  in  such  indigent  circumstances  as  to  render  it  necessary, 
shall  also  be  furnished  with  clothing  and  traveling  expenses  to 
and  from  the  Institution  upon  a  certificate  to  that  effect  from 
the  president  of  the  police  jury  of  the  parish,  or  the  mayor  of 
the  city  or  town,  in  which  they  reside. 

270.  (How  Long   Pupils   May   Remain.) 

Persons  admitted  as  pupils  under  fourteen  years  of  age  may 
continue  in  the  Institution  ten  years;  if  over  fourteen  and  un- 
der seventeen  years  of  age,  they  may  continue  eight  years;  and 
if  over  seventeen  years  of  age,  they  may  continue  five  years; 
provided  the  board  may  in  any  case  extend  the  term  two  years. 

271.  (Institution  for  the  Exclusive  Use  of  the  Deaf  and  Dumb.) 

(LOUISIANA  STATE  SCHOOL  FOB  THE  DEAF,  A.  88,  '71 ;  A.  166, 
'98,  amended  by  Act  239,  '08;  A.  196,  '02.  See  Constitution  '98.) 

The  institution  heretofore  known  as  the  Louisiana  Institution 
for  the  Deaf  and  Dumb  and  the  Blind,  located  at  Baton  Rouge, 
in  this  State,  be  and  the  same  is  hereby  reorganized  by  the  pro- 
visions of  this  act  for  the  exclusive  benefit  of  the  deaf  and  dumb. 

That  there  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  deaf  and 
dumb,  to  be  known  as  the  "  Louisiana  State  School  for  the 
Deaf." 

272.  (Admission  of  Pupils,  A.  166,  '98.) 

They  shall  receive,  instruct  and  support  in  the  institution  all 
persons  deaf  and  dumb,  or  of  such  defective  speech  or  hearing  as 
not  to  be  able  to  acquire  an  education  in  the  ordinary  schools, 
between  the  ages  of  eight  and  twenty-two  years,  of  sound  mind 
and  proper  health  of  body,  and  residents  of  the  State.  Such 
persons  shall  receive  instruction  and  be  provided  with  board, 
lodging,  medicine  and  medical  attendance  at  the  expense  of  the 
Institution,  and  if  in  such  indigent  circumstances  as  to  render 
it  necessary,  shall  also  be  furnished  with  clothing  and  traveling 
expenses  to  and  from  the  Institution,  upon  a  certificate  to  that 


121 

effect  from  the  president  of  the  Police  Jury  of  the  parish,  or 
the  mayor  of  the  city,  or  town,  in  which  they  reside. 

273.  (Age  of  Admission.) 

The  persons  admitted  as  pupils  under  fourteen  years  of  age, 
may  continue  in  the  institution  ten  years;  if  over  fourteen  and 
under  seventeen  years  of  age,  they  may  continue  eight  years; 
if  over  seventeen  years  of  age,  they  may  continue  five  years; 
provided,  the  board  may  in  any  case  extend  the  term  two  years. 

274.  (Branches  Taught.) 

The  institution  shall  provide  all  the  requisite  facilities  for 
acquiring  a  good  literary  education,  instruction  in  hygiene  and 
physical  culture  and  an  industrial  department  in  which  instruc- 
tion shall  be  given  in  such  trades  as  may  be  best  suited  to  render 
the  pupils  self-sustaining  citizens. 

275.  (Gambling  Prohibited   Near  Certain  Schools,  S.  1,  A.  58,  '08.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  gambling  with  cards,  dice  and  all  manner  of  bank- 
ing games  of  gambling  in  any  form  whatsoever  for  money  or 
any  representative  of  money  within  five  (5)  miles  of  the  Har- 
risonburg  High  School,  located  in  Catahoula  parish,  Louisiana, 
be  and  the  same  is  hereby  prohibited. 

Under  acts  having  the  same  purpose  in  view  as  the  section 
above  quoted,  gambling  has  been  prohibited  near  the  following 
schools : 

Bernice .' 3  miles,  Act  57,  '04 

DeRidder 4    "       "    166, '04 

Eros 5     "       "    104, '06 

Farmerville 5     "       "      72,  '06 

Leesville   5     "       "    114, '06 

Grand  Cane 3     "       "      32, '06 

Hickory  Grove 3     "       "      33, '06 

Logansport 3     "       "      31, '06 

Marion 3     "       "    102,  '06 

Haynesville 5     "       "      33,  '08 

Athens 5     "       "      34, '08 

Homer 5     "       "      36, '08 

Harrisonburg 5     "       "      58, '08 

Gonzales  High  School,  Ascension  Parish. . .     3     "       "    209,  '10 


122 

Bienville  High  School,  Bienville  Parish. . .  5  "  "  182,  '10 

Briceland  High  School,  Bienville  Parish ...  5  "  "  181,  '10 

Gibsland  High  School,  Bienville  Parish. . .  5  "  '  "  178,  '10 

Kinder  High  School,  Calcasieu  Parish. . . .  5  "  "  62,  '10 

Singer  High  School,  Calcasieu  Parish 5  "  "  5,  '10 

Columbia  High  School,  Caldwell  Parish. . .  5  "  "  201,  '10 

Oak  Grove  High  School,  DeSoto  Parish. . .  3  "  "  130,  '10 

Dubach  High  School,  Lincoln  Parish 5  "  "  4,  '10 

Huston  High  School,  Lincoln  Parish 5  "  "  4,  '10 

Goldona  High  School,  Natchitoches  Parish .  5  ' '  "  65,  '10 
Marthaville  High  School,  Natchitoches 

Parish 5  "  "  305, '10 

Hornbeck  High  School,  Vernon  Parish....  5  "  "  281, '10 

Orange  Graded  School,  Vernon  Parish. ...  5  "  "  230,  '10 

Pitkin  Graded  School,  Vernon  Parish 5  "  "  255,  '10 

Sunny  Hill  Graded  School,  Washington 

Parish 3  "  "  72, '10 

Oak  Grove  Graded  School,  "West  Carroll 

Parish 3  "  "  202, '10 

Atlanta  Graded  School,  Winn  Parish 3  "  "  200,  '10 

Dodson  Graded  School,  Winn  Parish 3  "  "  138,  '10 

Winnfield  5  "  "  123, '08 

Merryville 5  "  "  218, '08 

Jena  5  "  "  237, '08 

Hornbeck 5  "  "  257,  '08 

Mansfield 5  "  "  273,  '08 

276.  (Sales  of  Liquors  Prohibited  Near  Certain  Schools,  S.  1,  A.  121,  '08.) 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, That  the  sale,  either  wholesale  or  retail  of  spirituous, 
vinous  or  intoxicating  liquor  except  for  medicinal,  mechanical, 
scientific,  or  sacramental  purposes,  within  (5)  miles  of  the 
Mansfield  High  School  located  at  Mansfield,  DeSoto  Parish, 
Louisiana,  be,  and  the  same  is  hereby  prohibited. 

Under  Acts  having  same  purpose  in  view  as  section  above 
quoted,  the  sale  of  liquors  is  prohibited  near  the  following 
schools : 

Harrisonburg 5  miles,  Act  19,  '98 

Gibsland 3     "       "      58, '98 

Winnsboro..  5     "       "      71, '98 


123 

Louisiana  Industrial  Institute 5  "  "  74,  '98 

Colfax 5  "  "  140,  '98 

Henry 1  "  li  141, '98 

Fort  Jesup 5  "  "  174, '98 

Amite  City 5  "  "  102, '98 

Montgomery 5  "  "  86, '98 

St.  Amant 5  "  "  205, '02 

Gonzales   5  "  "~205,  '02 

Bienville 5  "  li  157, '02 

Hammond 4  "  "  137, '02 

Junction  City 5  "  "  228,  '02 

Leesville 5  "  il  207, '02 

Minden 5  ".  "  219, '02 

Greensburg 5  il  "  20,  '02 

Pearlington  5  "  "  142,  '02 

Logtown 5  "  "  142, '02 

Denham  Springs 5  "  "  62,  '04 

Georgetown 5  "  "  92,  '04 

Bernice   3  "  "  34,  '04 

French  Settlement 4  "  "  53, '04 

DeBidder 4  u  "  160, '04 

Sunny  Hill  Graded  School 3  "  "  73, '10 

Kernan... 4  "  "  13, '04 

Farmerville 5  "  "  76,  '06 

Franklinton 5  "  "  111, '06 

Gorman    5  "  "  153, '06 

Kentwood 4  "  li  142, '06 

Lottie 1%"  "  181,  '06 

Marion 3  "  "  89, '06 

Plain  Dealing 5  '"  "  106,  '06 

Verda 5  <{  <(  127,  '06 

Many 5  "  li  105, '06 

Benton 5  c<  <{  46, '08 

Haughton  5  "  "  47,  '08 

Mansfield 5  "  "  121, '08 

Louisiana  State  Normal  School 6  "  "  193,  '08 

Hornbeck   5  "  "  256, '08 

Jonesville 1  "  "  259, '08 

Eros   5  "  "  290, '08 


124 

Orange 5     "       "    302, '08 

Ponchatoula 4    "       "    278, '10 

Colfax  5     "       "    313,  '10 

SYLLABI  OF  IMPORTANT  SCHOOL  DECISIONS  OF 
THE  SUPREME  COURT. 

277.    (Levying  Taxes  for  Schools.) 

The  board  of  directors  for  the  Public  Schools  of  New  Orleans 
have  the  control  of  school  funds  placed  to  their  charge  for  the 
maintenance  of  the  schools.  It  devolves  upon  this  board  to  com- 
pel corporations  to  comply  with  their  ordinances  levying  taxes 
for  the  schools,  if  they  fail  to  comply  with  their  obligation  in 
this  respect. 

277-a.    (Boards  Have  Authority  to  Institute  or  Defend  Suits.) 

The  board  of  directors  have  authority  to  stand  in  judgment ; 
to  institute  or  defend  suits.  The  creditor  of  the  school  board 
has  no  right  of  action  against  the  City  of  New  Orleans  to  com- 
pel the  city  to  recognize  the  validity  of  his  claim. 

277- b.    (Certificates  of   Indebtedness.) 

School  certificates  of  indebtedness  issued  by  the  board  of 
directors  of  the  public  schools  for  the  years  1874,  1875  and 
1876,  are  not  debts  of  the  City  of  New  Orleans,  and  actions  for 
the  purpose  of  having  them  recognized  as  valid  claims  can  be 
maintained  against  the  school  board,  as  it  is  authorized  to  pass 
on  the  validity  of  the  evidence  of  indebtedness  of  every  one  who 
alleges  that  he  is  a  creditor 

The  City  of  New  Orleans  turns  over  amounts  collected  for 
schools  to  the  treasurer  of  the  school  board.  This  officer  notes 
the  taxes  of  different  years  and  applies  the  amount  to  the  pay- 
ment of  certificates  from  the  taxes  of  these  years  from  which  the 
creditors  are  entitled  to  payment.  (Fisher  et  al.  vs.  School 
Directors,  184,  44th  Ann.) 

The  payment  of  school  certificates,  issued  by  the  city  council 
of  New  Orleans,  out  of  the  proceeds  of  the  bond  issue  author- 
ized by  Acts  1890,  p.  144,  No.  110,  was  subject  to  the  prior 
vested  rights  of  creditors  of  the  city,  and,  if  the  fund  was  in- 
sufficient to  pay  both,  the  remedy  of  the  certificate  holders  is 
legislative  and  not  judicial.  (State  ex  rel.  "Wilder  vs.  Board  of 
Liquidation  of  the  City  Debt,  115th  Ann.,  471.) 


125 

278.  (Ex    Contractu — Obligation.) 

The  obligation  of  the  Treasurer  of  the  School  Board  of  Union 
Parish  to  account  for  funds  received  by  him,  is  ex  contracts 
and  fiduciary  in  its  character,  and  is  only  barred  by  the  prescrip- 
tion of  ten  years.  (32d  Ann.,  793,  Board  of  School  Directors 
of  Union  Parish  vs.  J.  E.  Trimble.  "> 

279.  (Free  School   Bonds.) 

The  sale  of  bonds  constituting  a  part  of  the  "free  school 
fund/'  made  in  virtue  of  Act  No.  81  of  1872,  was  utterly  null 
and  void,  and  conferred  no  title  on  the  purchaser,  and  no  future 
assignee  of  the  purchaser,  who  took  the  bonds  in  good  faith,  for 
value,  and  before  their  maturity,  could  acquire  a  title  to  them. 

Bonds  that  are  a  part  of  the  assets  of  the  "free  school  fund" 
are  consigned  by  law  to  the  custody  of  the  Secretary  of  State 
and  Auditor  of  Public  Accounts,  and  those  officers  have  a  right 
to  claim  their  possession  in  whatever  hands  they  may  be  found. 
And  this  right  is  not  affected  by  the  prescription  of  three  years. 
(31st  Ann.,  115,  Sun  Mutual  Insurance  Company  vs.  Board  of 
Liquidation,  Secretary  of  State  and  Auditor,  Intervenors. ) 

280.  (Recovery  of  Funds.) 

Where  a  mistake  has  been  made  by  the  State  Treasurer  in 
announcing  to  the  State  Superintendent  of  Public  Education  the 
amount  of  funds  for  apportionment  among  the  educable  chil- 
dren of  the  State,  but  before  the  apportionment  could  be  can- 
celed the  school  directors  of  Orleans  had  received  their  quota 
under  it,  whfcn  the  true  sum  has  been  ascertained  and  announced 
to  the  superintendent,  and  a  revised  apportionment  is  to  be  made, 
it  is  proper  that  the  superintendent  should  take  into  account, 
when  apportioning  to  Orleans,  the  sum  already  improperly  paid 
to  her  under  the  mistake,  and  which  payment  has  been  made 
in  consequence  of  that  mistake.  (36th  Ann.,  214,  The  State  ex 
rel.  Board  of  School  Directors,  etc.,  vs.  E.  H.  Fay,  Superintend- 
ent, etc.) 

A  school  board  organized  according  to  law  has  a  right  to  stand 
in  court  to  claim  from  another  school  board  likewise  constituted, 
school  funds  which  should  have  been  paid  to  it  by  the  State 
authorities  and  which  were  illegally  paid  out  to  the  latter.  A 
receipt  therefor  would  exonerate  the  debtor  board. 


126 

If  the  funds  are  not  in  kind  in  the  possession  of  said  board, 
but  can  be  traced  to  property  in  which  they  have  been  invested 
by  such  board,  the  property  itself  can  be  recovered  in  place  of 
the  funds  which  it  represents. 

An  action  to  recover  under  such  circumstances  is  not  barred 
by  the  prescription  of  five  years  or  less.  (36th  Ann.,  806,  School 
Board  vs.  School  Board.) 

280-a.    (School   Boards  Not   Required  to  Apportion  School    Funds.) 

The  repeal  (of  Sec.  7,  Act  81  of  1888,  providing  for  the  ap- 
portionment of  school  funds)  is  express,  because  Act  214  of 
1902  repeals  all  laws  in  conflict;  and  this  provision  for  appor- 
tionment is  in  conflict  with  the  provisions  making  it  obligatory 
upon  the  School  Boards  to  "determine  the  number  of  schools 
to  be  opened,  the  location  of  the  schoolhouses,  the  number  of 
teachers  to  be  employed,  and  their  salaries."  The  latter  pro- 
vision invests  the  School  Board  with  absolute  discretion  in  the 
matter  of  what  number  of  schools  there  shall  be,  and  what 
number  of  teachers  and  what  their  salaries  shall  be.  For  the 
exercise  of  this  discretion,  a  discretionary  control  of  the  school 
funds  is  absolutely  necessary;  because  schools  cannot  be  estab- 
lished and  maintained  without  funds.  Discretionary  control  of 
the  one,  necessarily  carries  with  it  discretionary  control  of  the 
other.  (State  ex  rel.  J.  "W.  Martin  et  al.  vs.  Webster  Parish 
School  Board.  May  23,  1910.) 

281.    (Sale  of  Warrants.) 

Under  the  authority  of  the  Board  of  School  Directors  of  a 
parish,  the  treasurer  of  the  board  may  make  a  valid  sale  of  the 
warrants  of  the  State  which  represent  that  portion  of  the  interest 
on  the  free  school  fund  due  to  said  parish.  (31st  Ann.,  158, 
Board  of  School  Directors  of  Concordia  Parish  vs.  Hernandez.) 

281 -b.    (School   Lands,  Tender,  Etc.) 

The  residents  and  alleged  taxpayers  in  a  township  in  whom 
is  vested  the  title  of  the  sixteenth  section  for  the  maintenance 
of  the  schools,  have  the  right  to  invoke  an  interposition  of  the 
court  to  annul  the  sale  of  this  section. 

Tender  as  a  prerequisite  to  the  suit  cannot  be  required.  The 
price  was  not  received  by  the  plaintiffs.  No  title  passed  to  the 
adjudicatee  of  the  property. 


127 

The  amount  should  be  returned  by  the  authority  by  which  it 
was  received.  In  the  meantime  plaintiffs  can  prosecute  their 
suit  to  have  the  sale  annulled. 

The  general  government  donated  the  sixteenth  sections  to  the 
townships  and  authorized  their  sale,  with  the  consent  of  the 
inhabitants  residing  within  their  respective  limits.  The  legisla- 
tive department  of  the  State  in  compliance  with  the  conditions 
of  the  grant,  adopted  laws  requiring  elections  to  be  held  to  ascer- 
tain the  will  of  the  majority  of  their  voters  residing  within  the 
townships  and  providing  certain  prerequisites  for  the  sale.  An 
election  not  having  been  held  in  the  township,  the  return  of  the 
election  not  being  sustained  at  all,  the  adjudication  made  was 
null. 

The  sixteenth  section  offered  for  sale  should  bring  its  ap- 
praised value,  which  may  not  be  less  than  $1.25  per  acre.  (44th 
Ann.,  365,  Telle  et  al.  vs.  School  Board  et  al.) 

"The  minimum  price  of  school  lands  is  one  dollar  and  a 
quarter  per  acre."  (School  Directors  vs.  Coleman,  14th  Ann., 
186.) 

282.  (Suretyships.) 

Where  the  sureties  on  a  five- thousand-dollar  bond  are  jointly 
sued  for  an  amount  aggregating  two  thousand  dollars,  this  court 
will  have  jurisdiction,  although  the  demand  against  each  surety 
is  less  than  $500.  (31st  Ann.,  279,  State  ex  rel.  School  Board, 
Parish  of  St.  Tammany  vs.  Cousin,  et  al.) 

"Where  the  plaintiff  who  sues  the  sureties  on  an  official  bond 
alleges  the  hopeless  insolvency  of  the  principal,  the  sureties  will 
not  deprive  themselves  of  the  right  of  discussion,  to  which  they 
are  entitled  under  the  law,  by  pleading  an  exception  that  admits 
the  truth  of  the  averment  of  insolvency. — Ib. 

When  the  principal  and  sureties  on  an  official  bond  are  sued 
together,  the  judgment  is  res  adjudicata  as  to  the  sureties,  and 
within  the  limit  of  the  amount  for  which  they  are  held  under 
the  terms  of  their  bond,  they  are  bound  to  make  good  the  entire 
judgment  against  the  principal,  including  the  penalty.  (4th 
Ann.,  705,  Eastin  and  Breaux  vs.  Board  of  School  Directors.) 

283.  (Treasurer  and  Sureties.) 

"Principal  and  sureties  are  not  protected  by  urging  that  the 
treasurer  has  not  taken  the  oath  of  office.  It  is  presumed  that 


128 

lie  has  taken  the  oath  when  he  has  discharged  for  some  time 
the  functions  of  his  office." 

"The  sureties  by  signing  the  bond  admitted  the  capacity  of 
the  principal." 

1 '  The  rights  of  the  sureties  as  against  their  principal  not  hav- 
ing been  impaired,  they  cannot  complain  of  his  acts,  his  omission 
or  commission.  (School  Directors  vs.  Judice  and  others,  30th 
Ann.,  897.) 

The  parish  treasurer  having  defaulted,  judgment  is  obtained 
against  him,  and  the  court  holds  as  against  his  sureties  that  the 
judgment  against  the  principal  is  res  adjudicata,  as  to  the  sure- 
ties, and  within  the  limit  of  the  amount  for  which  they  signed 
and  obligated  themselves  as  sureties.  They  are  bound  to  make 
good  the  entire  judgment  against  the  principal,  including  the 
penalty 

"The  sureties  are  liable  for  the  five  per  cent  per  month  pen- 
alty imposed  upon  a  defaulting  treasurer."  (7th  Ann.,  131; 
10th  Ann.,  492;  14th  Ann.,  679;  Hazard  Eastin  et  al.  vs. 
School  Directors,  40th  Ann.,  706.) 

284.  (Suits  by  State  Superintendent.) 

"Se  has  no  authority  to  appear  in  person,  nor  to  be  repre- 
sented by  counsel  of  his  own  selection.  In  any  suit  in  which 
he  may  be  a  party,  he  must  be  represented  by  the  Attorney  Gen- 
eral or  District  Attorney."  (Fay  vs.  Burke,  Treasurer,  35th 
Ann.,  369.) 

285.  (Discipline.) 

Moderate  restraint  and  correction  of  a  pupil  by  a  teacher  is 
not  an  offense,  but  is  authorized  by  law,  and  the  authority  of 
the  teacher  is  not  limited  to  the  time  the  pupil  is  at  the  school- 
room or  under  the  actual  control  of  the  teacher.  (Bolding  vs. 
Texas,  4  S.  W.,  579.) 

"The  teacher  is  loco  parentis,  and  authority  is  necessarily 
surrendered  to  him  for  proper  government  of  the  school. ' '  (Mor- 
row vs.  "Wood,  American  Law  Register,  N.  S.  X.  3,  692.) 

Relative  to  punishment,  the  calm  and  honest  judgment  of  the 
teacher,  as  to  the  requirement,  should  have  great  weight  in  mat- 
ters of  discipline  as  in  the  case  of  a  parent  under  similar  circum- 
stances. (American  Law  Register,  Van  Vacter  vs.  State;  July 
number,  1888.  Discipline  in  School.) 


129 

It  is  the  duty  of  a  teacher  to  maintain  proper  discipline  m. 
school,  and  the  extent  of  his  authority  in  that  direction  is  dis- 
cussed. (Law  Register,  N.  S.  Vol.  XIII,  p.  716.) 

286.  (Branches  of  Studies.) 

Certain  studies  are  required  to  be  taught  in  the  public  schools 
by  statute.  The  rights  of  one  pupil  must  be  so  exercised  un- 
doubtedly as  not  to  prejudice  the  equal  rights  of  others.  (Mor- 
row vs.  Wood,  13  American  Law  Register,  p.  694.) 

NOTE. — The  State  Board  of  Education  has  adopted  certain  studies  to  be 
taught  in  the  free  public  schools.  The  local  boards  have  the  authority  of  car- 
rying out  the  rules  and  regulations  of  the  State  Board.  The  studies  are  subject 
to  their  control,  also  all  questions  relating  to  grading  of  schools,  and  to  the 
schools  tne  pupils  should  attend  when  there  are  several  schools  in  the  same 
town  or  locality.  In  this,  however,  due  regard  should  be  had  for  the  wishes 
of  the  parents,  but  the  parish  board  is  the  authority,  subject  to  such  appeal 
as  the  law  provides. 

287.  (School   Property  Exempt  From  Seizure.) 

Property  dedicated  to  the  use,  and  belonging  to  public 
schools,  or  employed  by  municipal  corporations  for  the  pur- 
pose, shall  be  exempt  from  seizure.  (R.  S.  1320.) 

288.  (Sixteenth  Sections,  and  Court  Decisions   Respecting  Them.) 

Under  the  general  laws,  and  where  the  township  is  surveyed 
in  square  sections,  every  sixteenth  section  is  reserved  as  school 
land,  in  fractional  or  irregular  townships  on  water  courses, 
the  Secretary  of  the  Treasury  is  required  by  law  to  select  and 
designate  the  school  lands.  (Board  vs.  Rollins,  33  Ann.,  424; 
Bres  vs.  Louviere,  37  Ann.,  736.^ 

By  issuing  an  indemnity  school  warrant  the  State  parts  with 
what  title  in  the  public  domain  it  could  by  location  have  secured. 
The  divestiture  is  complete  when  the  location  is  approved,  and  on 
return  and  surrender  the  Governor  issues  a  patent. 

NOTE. — Whenever  the  township  is  not  surveyed  in  square  sections,  but  is 
a  fractional  or  irregular  township  on  a  water  course,  or  for  other  cause  is 
fractional  or  irregular,  the  school  authorities  should  see  that  the  selection  is 
legal,  or  that,  proper  selection  and  location  are  made. 

(Board  Without  Authority  to  Sue  for  Revendication  of  School  Lands.) 

The  board  of  school  directors  of  a  parish  are  without  author- 
ity to  bring  suit  for  the  revendication  of  land  donated  by  Con- 
gress to  the  State  for  public  school  purposes,  and  sold  under 
a  law  of  the  State,  unless  empowered  to  do  so  by  a  legislative 
act.  (Board  of  School  Directors  of  Concordia  vs.  Ober,  32d 
Ann.,  417.) 

(NOTE. — Act  No.  158  of  1910  has  given  boards  authority  to  bring  suit. 
See  §  189-a  of  this  compilation.) 


130 

(School   Boards   Not  Authorized  to  Sell  or  Lease  Timber  at  Pri- 
vate Sale.) 

Under  Rev.  Stat.  1870,  paragraphs  2958,  2959,  2960,  2962, 
parish  school  boards  have  no  power  whatever  to  sell  or  lease  at 
private  sale  timber  on  the  sixteenth  section ;  a  conditional  power 
to  lease  only  being  conferred  by  section  2962.  (Stat  ex  rel. 
Hopkins  vs.  Stark,  llth  Ann.,  954.) 

NOTE. — Act  No.  54  of  1910,  Regular  Session,  amended  Sec.  2962  of  R.  S. 
See  Comp.  School  Laws,  7th  Comp.,  par.  189. 

289.  (One  of  the  Powers  of  the   Examining  Committee.) 

Committees  have  a  right  to  refuse  to  examine  a  teacher  as  to 
literary  qualifications  if  they  are  dissatisfied  with  his  moral 
character.  (Case  of  Layton  E.  Seames  School  Committee  of 
Conventry . ) 

290.  (Privileged   Communications.) 

A  communication  representing  that  a  certain  person  was  of 
bad  moral  character  and  wholly  unfit  to  teach  and  have  the  care 
of  a  school  made  to  the  proper  authority  for  the  sole  purpose 
of  preventing  the  issue  to  the  person  so  charged  of  a  license 
to  teach  school,  is  held  to  be  a  privileged  communication  and  not 
actionable.  (Wiman  vs.  Mabee,  45  Michigan,  484.) 

An  action  will  not  lie  on  a  communication  relating  to  personal 
character,  if  made  in  gootf  faith  and  for  an  honest  purpose  by 
persons  concerned  and  to  the  proper  person. 

Nor  will  it  lie  when  such  a  communication  is  untrue,  if  it  is 
not  maliciously  made. 

291.  (An   Excerpt  From   Blackstone.) 

The  last  duty  of  parents  to  their  children  is  that  of  giving 
them  an  education,  suitable  to  their  situation  in  life;  a  duty 
pointed  out  by  reason  of  the  greatest  importance. 

"For,  as  Puffendorf  well  observed,  it  is  not  easy  to  imagine 
or  allow  that  a  parent  has  conferred  any  considerable  benefit 
upon  his  child  in  bringing  him  into  the  world,  if  he  afterwards 
entirely  neglects  to  culture  his  education,  and  suffers  him  to 
grow  up  like  a  mere  beast  to  lead  a  life  useless  to  others  and 
shameles  to  himself." 

"Yet  the  municipal  laws  of  most  countries  seem  to  be  defect- 
ive on  this  point,  by  not  constraining  the  parent  to  bestow  a 
proper  education  upon  his  children." 


131 

"Perhaps  they  thought  it  punishment  enough  to  leave  the 
parent,  who  neglected  the  instruction  of  his  family,  to  labor 
under  those  griefs  and  inconveniences  which  his  family  so  un- 
instructed  will  be  sure  to  bring  upon  him." 

292.  (Discharge  of  an  Officer.) 

"To  obtain  his  discharge,  an  officer  should  obtain  a  clear 
receipt  from  the  board  of  school  directors,  in  so  far  as  he  has 
incurred  any  responsibility  as  an  officer  in  which  the  said 
board  is  concerned."  (33d  Ann.,  709;  State  ex  rel.  vs.  Sheriff.) 

293.  (Rate  of  Compensation  to  Teachers.) 

The  compensation  of  teachers  not  being  fixed  by  statute, 
they  must  be  paid  either  according  to  their  contract  with  the 
School  Board  or  upon  a  quantum  meruit.  (Offut  vs.  Bour- 
geois, 13th  Ann.,  607.) 

294.  (Illegal  Charges.) 

"The  School  Board  cannot  allow  charges  in  violation  of  the 
law.  Their  action  is  ultra,  and  is  not  susceptible  of  ratification 
Settlement  made  is  not  conclusive."  (School  Board  vs.  Trim- 
ble, 32d  Ann.,  1073.) 

295.  (Rules  and    Regulations.) 

"The  various  School  Boards  and  other  educational  authori- 
ties of  the  State  have,  when  the  statutes  are  construed  in  con- 
nection with  the  incidental  powers,  which  the  law  gives  all  cor- 
porations, the  power  to  adopt  rules  and  regulations  for  the 
schools  under  their  control."  (Fertelle  vs.  Mischerer,  11  N. 
E.,  605— Indiana.) 

296.  (Police  Jury  Tax  for  School   Purposes.) 

"Act  64,  of  1906,  in  limiting  taxation,  'for  ordinary  paro- 
chial purposes'  to  eight  mills,  has  no  application  to  ta,xes  levied 
for  school  purposes,  and  a  police  jury  may  levy  taxes,  for  or- 
dinary parochial  purposes,  up  to  the  limit  so  fixed,  provided 
the  aggregate  rate,  including  the  tax  levied  for  school  purposes, 
does  not  exceed  the  ten  mills  limit,  '  for  all  purposes,  whatsoever, ' 
fixed  by  article  232  of  the  Constitution."  (John  B.  Murphy 
et  al.  vs.  The  Police  Jury*  St.  Mary  Parish,  Louisiana.) 


132 

296-a.    (District    Attorneys    Not    Entitled    to    20    Per    Cent    Commirsion 
on   Fines.) 

Syllabus:  Whilst  it  is  well  settled  that  repeals  by  im- 
plication are  not  favored,  it  is  equally  well  settled  that,  in  deter- 
mining whether  one  law  conflicts  with  another,  it  is  necessary 
to  consider  the  purposes  of  both,  and  if  it  appears  that  the  pur- 
pose of  the  law  last  enacted  is  to  cover  the  whole  subject  matter 
dealt  with  by  and  to  modify  or  supersede  those  previously  en- 
acted, their  modification  or  supersession  results  and  must  be 
declared. 

2.  The  purpose  of  Act  No.  96  of  1880  was  to  deal  with  the 
whole  subject  of  the  duties  and  compensation  of  district  attor- 
neys, and  whilst  there  may  have  been  some  provisions  of  the  then 
existing  law  which  escaped  its  operation,  it  so  modified  and 
superseded  that  law  as  to  preclude  any  recovery  by  the  district 
attorneys  of  the  one-fifth  part  of  the  fines  imposed,  after  deduct- 
ing the  commission  of  the  sheriff,  in  addition  to  the  fee  pro- 
vided by  section  3  of  said  act. 

3.  Articles  125  and  180  of  the  Constitution,  whether  taken 
separately  or  together,  are  not  susceptible  of  the  construction 
that  they  intend  to  allow  district  attorneys  to  collect  commis- 
sions,  as  contradistinguished  from  fees,   or  fees,   save  as  pro- 
vided for  by  the  Constitution  itself. 

It  is  therefore  ordered,  adjudged  and  decreed,  that  the  judg 
ment  of  the  Court  of  Appeal  which  is  here  made  the  subject  of 
review  be  annulled ;  that  the  judgment  of  the  District  Court, 
which  was  thereby  affirmed,  be  likewise  annulled,  avoided  and 
reversed,  and  that  relator's  demand  be  rejected  and  tkis  pro- 
ceeding dismissed  at  his  cost.  (State  ex  rel.  Edwin  Broussard, 
District  Attorney,  vs.  George  Henderson,  Sheriff,  120  Ann.,  535.) 

296-b.    (Municipal    Corporations   Are    Liable  for  Amounts    Budgeted  for 
Any  Purpose.) 

The  amount  placed  on  the  budget  for  the  annual  expenses  of 
a  municipal  corporation,  when  collected  by  the  taxes  levied  for 
such  expenses,  must  be  applied  to  the  purposes  specified  in  the 
budget,  and  the  corporation  will  be  liable  for  any  diversion  of 
such  amounts.  (36th  Ann.,  636.)" 


133 

(Prescription    of   One   Year    Does    Not    Release    Corporation.   From    Lia- 
bility.) 

Funds  raised  by  taxation  for  such  purposes  are  trust  funds, 
and  the  prescription  of  one  year  will  not  protect  the  corpora- 
tion from  liability  for  the  taxes  thus  collected.  (School  Directors 
vs.  City  of  Shreveport,  47  Ann.,  1310.) 

296-c.     (Estimate   Furnished  by  School   Board   Not  Controlling  on  City.) 

Estimate  furnished  to  the  City  of  New  Orleans  by  the  school 
board  of  the  amount  needed  to  meet  expenses  of  the  school  for 
the  year  was  not  controlling  on  the  city,  except  to  the  minimum 
amount  provided  by  Laws  1873,  p.  73,  No.  36.  (State  ex  rel. 
Fisher  vs.  City  of  New  Orleans,  121st  Ann.,  762.) 

296-d.    (Election  of  Superintendent  by  One  Body  Binding  on  Successors.) 

Where  the  successor  of  a  parish  superintendent  of  education 
has  been  elected  under  Acts  1902,  p.  406,  No.  214,  paragraph  8, 
as  amended  by  Acts  1908,  p.  49,  No.  49,  the  parish  board  of 
school  directors  as  subsequently  constituted  is  without  authority 
to  elect  another  person  for  such  term.  (State  ex  rel.  Wilson 
vs.  Hardin,  123d  Ann.,  736.)  (See  Appointment  of  Supt.,  Laws 
1910.) 

296-e.    (Taxes   Collected  for  School    Purposes   Must   Be  Turned   Over  to 
School    Board.) 

Taxes  collected  for  school  purposes  should  be  turned  over 
to  the  school  board  from  time  to  time  as  received.  (Parish 
Board  of  School  Directors  of  Iberia  Parish  vs.  Police  Jury  of 
Iberia  Parish,  123d  Ann.,  416.) 

(Property    Exempt   From   Taxation   by  Constitution   Also    Exempt   From 
Special  School  Tax.) 

The  special  school  tax  authorized  by  Constitution  Art.  232. 
is  not  a  special  assessment,  and  property  exempt  from  taxation 
by  the  Constitution  is  not  subject  to  it.  (Louisiana  &  N.  W.  R. 
R.  Co.  vs.  State  Board  of  Appraisers,  120th  Ann.,  471.) 

(Contest  of  Elections  Barred  After  Three  Months.) 

An  action  to  contest  an  election  on  the  question  of  issuing 
bonds  for  school  purposes  held  barred  for  three  months  after 
promulgation  of  the  result  by  Act  No.  106  of  1892.  (Folse  vs. 
Police  Jury,  125th  Ann.,  603.)  (See  also  S.  17,  Act  256  of  1910.) 


134 

The  court  held  to  have  erred  in  disposing  of  the  case  on  its 
merits  on  a  trial  of  exceptions.  (Folse  vs.  Police  Jury,  125th 
Ann.,  603.) 

(Special  Taxes  May  be  Voted  on  the  Assessment  of  Current  Year  at 
Any  Time.) 

Special  school  taxes  may  be  voted  and  levied  at  any  time 
on  the  assessment  of  the  current  year.  (Argyle  Planting  &  Mfg. 
Co.  vs.  Connely,  125th  Ann.,  685.) 

(Contests  of  Special  Tax  Elections  Under  Constitution  of  1879  Are 
Valid  Under  Constitution  of  1898.) 

Act  No.  106  of  1892,  providing  for  the  contest  of  special 
tax  elections  under  Constitution  of  1879,  Art.  209,  held  to  appJy 
to  similar  elections  under  Constitution  of  1898,  Art  232.  (Wagg- 
ner  vs.  Police  Jury  Parish  of  Jefferson,  ;L25th  Ann.,  863.) 

(Bond  Issues  Authorized  by  Art.  281  Do  Not  Apply  to  Special  Tax  Elec- 
tions Under  Art.  232.) 

Constitution  of  1898,  Art.  281,  authorizing  municipal  corpo- 
rations to  issue  bonds  after  an  election  for  the  purpose,  held 
not  to  apply  to  special  tax  elections  under  Art.  232.  (Waggner 
vs.  Police  Jury  Parish  of  Jefferson,  125th  Ann.,  863.) 

The  three  months'  prescription  provided  by  Act.  No.  106 
of  1892,  held  to  cure  all  irregularities  and  illegalities  in  special 
tax  election  proceedings.  (Waggner  vs.  Police  Jury  Parish  of 
Jefferson,  125th  Ann.,  863.) 

(Members  of  Partnership  Entitled  to  Vote  Upon  Firm's  Assessment  in 
Special  Tax  Elections.) 

Individual  members  of  a  partnership  held  entitled  to  vote 
upon  the  firm's  assessment  in  a  special  tax  election  held  under 
Constitution  Art.  232.  (Smith  vs.  Parish  Board  of  School 
Directors,  125th  Ann.,  987.) 

(Persons  Not  Entitled  to  Vote  Upon  Assessment  of  Property  Sold.) 

A  person  appearing  as  owner  of  property  on  the  assessment 
rolls,  but  who  has  sold  it  when  an  election  was  held  under 
Constitution  Art.  232,  held  not  entitled  to  vote  thereat.  (Smith 
vs.  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(Special  Tax  Not  Set  Aside  by  Legal  Votes  Cast  Without  Proper  Evi- 
dence.) 

A  special  tax  election  under  Constitution  Art.  232,  held  not 
to  be  set  aside  because  the  commissioner  of  election  received  votes 


135 

without  proper  evidence,  where  such  votes  were  legal.    ( Smith  vs. 
Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(Contest  of  Special  Tax  Election.) 

A  person  contesting  the  result  of  an  election  held  under 
Constitution  Art,  232,  on  specific  grounds,  held  limited  to  those 
grounds.  (Smith  vs.  Parish  Board  of  School  Directors,  125th 
Ann.,  987.) 

(Right  of  Widows  to  Vote  Community  Property.) 

To  entitle  widows  to  vote  at  a  special  tax  election  held  under 
Constitution  Art.  232,  as  owners  of  community  property,  their 
rights  must  clearly  appear  by  judgment  or  order  of  court 
(Smith  vs.  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(School    Houses,  as  Such,    Built   by   Means  of  Special   Tax,  Can    Not  b« 
Converted   Into  Theatre.) 

Citizens  who  have  voted  to  tax  themselves  for  a  specific  work 
of  public  improvement,  the  value  of  which  is  fixed  at  $20,000, 
have  a  standing  in  court  to  complain  that  the  property  acquired 
is  not  being  used  for  the  purpose  contemplated,  and  this  court, 
in  such  a  case,  has  jurisdiction  of  the  appeal.  Where  a  vote 
has  been  taken  upon  a  proposition  to  impose  a  tax  to  build  a 
schoolhouse,  and  has  been  favorably  acted  on,  and  a  building 
has  been  constructed  with  the  proceeds  of  bonds  predicated  upon 
such  a  tax,  it  would  be  a  breach  of  faith  to  allow  such  building 
to  be  converted  into  a  theatre,  or  to  be  used  for  the  purpose  of 
giving  theatrical  performances,  as  a  business,  whether  in  com- 
bination with  its  use  for  school  purposes  or  otherwise.  It  is, 
however,  within  the  discretion  of  the  municipal  authorities  hav- 
ing control  of  the  property  to  make  such  casual  and  incidental 
use  of  it  as  may  not  be  inconsistent  with,  or  prejudicial  to,  the 
main  purpose  for  which  it  was  acquired;  and  changed  condi- 
tions, in  the  future,  may  justify  its  use  for  some  other  purpose. 
(Sugar  vs.  City  of  Monroe,  108th  Ann.,  677.) 

(On  the  Manner  of  Endorsing   Ballots  in  Special  Tax  Elections.) 

Under  Constitution  Art.  232,  and  Acts  1898,  p.  200,  No.  131, 
where,  at  an  election  to  determine  as  to  the  levying  of  special 
taxes  for  school  purposes,  it  appears  that  the  votes  of  all  the 
electors  in  favor  of  the  tax  were  fixed  as  to  the  amounts  by  one 
or  more  of  the  commissioners,  aided  by  third  persons,  after  the 


136 

ballots  had  been  cast,  and  out  of  the  presence  of  the  voters,  and 
that  those  who  voted  against  the  tax  expressed  the  amounts , 
voted  by  them  on  their  ballots,  and  the  amounts  so  voted  and 
ballots  exceeded  those  cast  in  favor  of  the  tax,  the  proposition 
to  levy  the  tax  is  defeated.  (Bennett  vs.  Staples,  110th  Ann., 
847.) 

(Amount  of  Tax  Not   Necessary  in   Petition.) 

That  a  petition  for  a  special  election  in  a  school  district  for 
the  levy  of  taxes  did  not  set  out  the  amount  of  the  tax  does  not 
render  the  election  invalid  in  view  of  Acts  1904,  p.  317,  No.  145, 
providing  for  the  ratification  of  all  petitions  of  property  tax- 
payers for  the  levy  of  special  taxes,  under  Constitution  of  1898, 
Art.  232.  (Baueum  vs.  Police  Jury  of  Claiborne  Parish,  119th 
Ann.,  532.) 

(Purpose  of  Tax   Must   Be  Submitted  to   Voters.) 

Under  Constitution  Art.  232,  the  purpose  for  which  a  special 
tax  is  intended  must  be  submitted  to  a  vote  of  the  property  tax- 
payers entitled  to  vote  under  the  election  laws  of  the  State. 
(Gruner  vs.  Police  Jury  of  Claiborne  Parish,  119th  Ann.,  551.) 

(Poll  Tax  Receipts  for  Two  Years  Previous  to  Year  of  Election   Neces- 
sary to  Vote  at  Special  Tax  Elections.) 

Under  Constitution  Art.  232,  a  voter  at  a  special  election  must 
have  paid  his  poll  tax  for  the  two  years  preceding.  (Gruner  vs. 
Police  Jury  of  Claiborne  Parish,  119th  Ann.,  551.) 

(Restrictions    of   Art.    270    Relating    to    Quasi-Public    Improvements    Do 
Not  Apply  to  Art.  232  Authorizing  Special  School  Taxes.) 

The  provisions  of  Constitution  of  1898,  Art.  270,  as  to  elec- 
tions in  connection  with  quasi  public  improvements,  have  no 
application  to  special  tax  elections  held  under  article  232  for 
voting  taxes  in  aid  of  public  schools.  (Flores  vs.  Police  Jury 
of  DeSoto  Parish,  116th  Ann.,  428.) 

(Assessment  Roll   Used  in  Special  Tax  Elections.) 

In  a  special  election  voting  a  special  tax  in  aid  of  public 
schools,  under  Constitution  of  1898,  Art.  232,  the  names  of  the 
taxpayers  and  the  valuations  of  property  were  properly  taken 
from  the  current  assessment  of  the  year.  (Flores  vs.  Police 
Jury  of  DeSoto  Parish,  116th  Ann.,  428.) 


137 

(Irregularities  Not  Affecting  the  Fairness  of  Elections  Do  Not  Set  Aside 

the  Tax  Voted.) 

A  special  election  for  voting  a  special  tax  in  aid  of  public 
schools  will  not  be  set  aside  for  irregularities  not  affecting  the 
fairness  of  the  election.  (Flores  vs.  Police  Jury  of  DeSoto 
Parish,  116th  Ann.,  428.) 

296-f.     (Removal   of  Members  of  School   Board.) 

Under  Acts  1902,  p.  408,  No.  214,  paragraph  6,  a  removal 
of  members  of  the  parish  board  of  school  directors  for  "the 
deplorable  condition  of  the  school  affairs  of  the  parish"  held 
unauthorized.  (State  ex  rel,  Muller  vs.  Cyr,  124  Ann.,  603.) 

(Removal   of  School    Directors   by   State   Board   of   Education    Held    Not 
Removal  by  Governor.) 

Under  Acts  1902,  p.  408,  No.  214,  paragraph  6,  the  removal 
of  school  directors  by  the  State  Board  of  Education,  held  not  a 
removal  by  the  Governor;  his  mere  approval  of  the  action  of 
the  board  of  which  he  was  a  member  not  satisfying  the  statute. 
(State  ex  rel.  Muller  vs.  Cyr,  124th  Ann.,  603.) 

(Removal   of  School    Board.) 

Where  a  parish  school  board  was  removed  by  the  Gover- 
nor and  a  new  board  appointed,  the  old  board  could  not  be 
dispossessed  of  their  office  by  the  exercise  of  such  power  of 
removal,  but  only  by  an  intrusion  into  office  suit.  (Jackson  vs. 
Powell,  119th  Ann.,  882.) 

Members  of  a  parish  school  board  sought  to  be  removed  by 
the  Governor  held  entitled  to  protect  their  possession  of  their 
office  by  injunction.  (Jackson  vs.  Powell,  119th  Ann.,  882.) 

296-g.     (School  Districts.) 

In  considering  the  question  of  whether  compliance  with  sec- 
tion 11  of  Act  81  of  1888  (identical  with  S.  15,  A.  214  of  1902), 
requiring  school  boards  to  divide  their  parishes  into  school  dis- 
tricts, was  sufficiently  formal,  regard  must  be  had  to  the  con- 
nection in  which  the  question  is  mooted,  whether  in  connection 
with  the  mere  distribution  of  school  funds,  or  in  connection 
with  the  exercise  of  the  taxing  power,  a  much  less  strict  com- 
pliance being  sufficient  in  the  former  than  in  the  latter  case. 
Kesidents  of  a  school  district  who  do  not  show  that  their  own 
children  are  incommoded,  or  that  their  taxes  are  increased,  by 
the  manner  in  which  the  boundaries  of  a  school  district  have 


138 


been  fixed,  are  without  interest  and  therefore  without  right  to 
resist  a  tax  levied  in  the  district,  on  the  ground  that  the  bound- 
aries have  not  been  so  fixed  as  to  accommodate  the  children  of 
the  parish.  (Burnham  et  als.  vs.  Police  Jury  of  Claiborne  Parish, 
107th  Ann.,  513.) 

296-h.    (Chairman  of  Local  Committee  Responsible  to  School   Board. 

A  chairman  of  a  local  committee  appointed  by  a  parish 
school  board  held  responsible  to  the  board  for  unsuitable  brick 
contracted  for,  under  Civil  Code,  Arts.  3002,  3003.  (Par- 
ish Board  of  School  Directors  vs.  Alexander,  125th  Ann.,  808.) 


RESOLUTIONS  AND  RULINGS  OF  THE  STATE  BOARD 
OF   EDUCATION. 


Moreauville 

Morgan  City 

Napoleonville 

Newellton 

New  Iberia 

Oakdale 

Oak  Grove 

Opelousas 

Patterson 

Pelican 

Plain  Dealing 

Pleasant  Hill 

Rayville 

Robeline 

Shreveport 

SJidell 

Spring  Hill 

Stonewall 

St.  Francisville 

St.  Joseph 

St.  Martinville 

Tallulah 

Verda 

Yidalia 


297.    (Approved  High 

Schools  of  Louisiana.) 

Abbeville 

Gibsland 

Alexandria 

Grand  Cane 

Amite 

Grand  Prairie 

Arcadia 

Gretna 

Athens 

Gueydan 

Bastrop 

Hammond 

Baton  Rouge 

Harrisonburg 

Baywood 

Haughton 

Bellevue 

Haynesville 

Benton 

Hornbeck 

Bernice 

Houma 

Bienville 

Independence 

Boyce 

Iota 

Breaux  Bridge 

Jeanerette 

Bunkie 

Jena 

Campti 

Jennings 

Central 

Lake  Arthur 

Cheneyville 

Lake  Charles 

Clinton 

Lake  Providence 

Colfax 

Lecompte 

Columbia 

Leesville 

Coushatta 

Logansport 

Crowley 

Longstreet 

Denham  Springs 

Lutcher 

139 

DeRidder  Mansfield  Ville  Platte 

Dodson  Many  Vinton 

Donaldsonville  Marion  Wallace 

Dutchtown  Marksville  Washington 

Eros  Marthaville  Welsh 

Eunice  Melville  Winnfield 

Evergreen  Merryville  Winnsboro' 

Farmerville  Minden  White  Castle 

.Franklin  Monroe 

298.    (Regulations  for  the  Establishment  of  High  Schools.) 

For  a  school  to  be  recognized  as  a  high  school  the  following 
requirements  are  necessary: 

1.  Title  to  the  property  on  which  the  school  is  located  must 
be  vested  in  the  parish  board  of  education. 

2.  The  parish  board  of  education  must  pass  a  resolution 
establishing  such  a  school  as  a  high  school. 

3.  All  the  schools  in  the  parish  where  the  high  school  is 
desired  to  be  established  must  run  for  seven  months. 

4.  The  course  of  study  must,  taken  with  the  lower  grades, 
cover  eleven  years.     (There  must  be  an  eleventh-year  class.) 

5.  Copy  of  the  title  to  the  property,  copy  of  the  resolution 
passed  by  the  Parish  Board,  certificate  that  the  schools  of  the 
parish  are  run  for  seven  months  (except  where  a  sufficient  spe- 
cial tax  has  been  voted  for  maintenance  of  said  school),  and 
copy  of  resolution  of  Parish  Board  to  the  State  Board  of  Educa- 
tion asking  that  such  school  be  made  a  high  school,  must  be  for- 
warded to  the  State  Board  of  Education  for  their  consideration 
and  approval  or  disapproval. 

6.  Resolved:    That  an  "Approved  High  School"  shall  fol- 
low the  State  Course  of  Study. 

7.  Resolved:    That  the  minimum  length  of  session  for  such 
school  shall  be  nine  months. 

8.  Resolved :  That  the  minimum  length  of  recitation  periods 
for  high  school  subjects  shall  be  forty  minutes. 

9.  Resolved :   That  the  teaching  force  shall  be  adequate,  and 
shall  in  every  case  consist  of  at  least  two  teachers,  each  of  whom 
shall  be  engaged  exclusively  in  work  above  the  seventh  grade. 

10.  Resolved :   That  the  principal  of  such  school  shall  devote 
at  least  two  recitation  periods  a  day  to  supervision. 


140 

11.  Resolved:    That  the  inductive  sciences,  physics,  chem- 
istry, and  biology  shall  be  taught  by  the  individual  laboratory 
method,  the  apparatus  to  cost  not  less  than  $300:    $150  for 
physics;    $75  for  chemistry;    $75  for  biology.     All  apparatus 
shall  be  kept  in  cases  provided  with  glass  doors. 

12.  Resolved:    That  lists  of  such  apparatus  purchased  shall 
be  submitted  to  the  State  Board  of  Education  for  approval. 

13.  No  high  school  shall  be  approved  or  maintained  with  an 
attendance  of  fewer  than  twenty  students  in  the  high  school 
department,  provided  that  this  ruling  shall  not  prevent  each 
parish  from  maintaining  at  least  one  high  school. 

14.  No  school  shall  be  approved  in  which  the  work  of  the 
most  advanced  class  is  deficient  in  more  than  one  subject.     (To 
meet  this  requirement,  it  is  practically  essential  that  the  biolog- 
ical laboratory  and  a  school  library  be  installed  in  a  school  one 
session  in  advance  of  that  in  which  the  school  seeks  to  be  ap- 
proved.    Students  in  most  advanced  class  may,  however,  when 
possible,  make  up  deficiencies  during  the  summer.) 

15.  Application  for  approval  as  a  high  school  shall  be  made 
to  the  State  Board  of  Education  no  later  than  April  1,  of  each 
year,  in  advance  of  the  school  session  in  which  the  school  desires 
recognition. 

16.  No  teacher  holding  lower  than  a  first  grade  certificate 
shall  be  employed  in  State  approved  high  schools. 

17.  Buildings  for  high  schools  shall  be  suitable ;    that  is, 
proper  classroom  space  and  furnishings  shall  be  provided  for 
the  work  of  these  schools. 

18.  New  schools  submitting  before  October  1,  of  each  year, 
sufficient  data  showing  that  the  foregoing  requirements  are  being 
complied  with  shall  receive  their  pro  rata  amount  of  the  State 
appropriation  for  "Approved  High  Schools." 

Recommendation. 

High  schools  shall  be  taught  by  college  trained  teachers, 
and  teachers  in  high  schools  who  do  not  hold  college  degrees 
should  be  working  towards  a  degree.  (February  17,  1911.) 

299.    (Compulsory    Examinations.) 

Resolved:  That  while  it  is  the  sense  of  this  board  that  the 
provisions  contained  in  Section  57  of  Act  214  of  1902  are  still 
in  force,  that  none  the  less  the  parish  superintendent  has  the 


141 

right  of  requiring  teachers  whom  he  deems  incompetent  and 
Inefficient  and  whom  he  has  the  power  to  remove  under  the 
50th  section  of  said  Act,  to  be  examined  with  a  view  of  testing 
their  qualifications  and  fitness.  (April  1,  1891.) 

300.  (Examinations;    Time;    Directions,   Etc.) 

Be  it  resolved:  (a)  That  the  examination  for  public  school 
tecahers'  certificates  shall  be  held  during  the  months  of  June 
and  December  of  each  year,  and  at  no  other  time  during  the 
year.  (August  11,  1904.) 

(b)  That  the  State  Superintendent  of  Public  Education  pre- 
pare a  set  of  questions  covering  all  the  subjects  required  by 
law,  and  furnish  to  the  superintendent  of  each  parish,  a  suffi- 
cient number  of  copies  of  these  official  question  lists  for  use  in 
the  examinations,  and  that  no  other  questions  shall  be  used  in 
said  examinations ;  said  questions  to  be  sent  out  from  the  super- 
intendent's  office  so  as  to  reach  the  several  parishes  simulta- 
neously, and  to  be  used  only  once,  and  only  on  the  dates  named 
above. 

(c)  That  the  value  of  each  question  be  indicated  by  the 
State  Superintendent,  and  that  a  list  of  answers  showing  what 
would  be  a  fair  amount  of  information  to  be  elicited  by  each 
question,  be  prepared  by  the  superintendent  and  furnished  to 
examining  board  of  each  parish  board,  for  the  purpose  of  estab- 
lishing a  uniform  value  to  the  certificates  granted  in  each  parish. 

(d)  That  the  same  question  lists  be  used  in  examinations  of 
teachers  for  all  grades  of  certificates,  the  several  grades  of  certifi- 
cates being  graded  according  to  the  percentages  made  by  the 
candidates. 

(e)  That  the  superintendent  6f  each  parish  furnish  to  the 
State  Superintendent  within  two  weeks  after  each  examination, 
a  list  of  all  persons  examined,  with  their  postoffice  addresses, 
the  grade  received  and  the  grade  of  certificate  granted  to  each 
candidate.     (See  law  relating  to  remittances  of  $1.) 

N.  B. — Examiners  will  please  mark  each  answer  on  the  scale 
of  10  for  perfect.  (August  20,  1892.) 

301.  (High   Schools.) 

Resolved :  That  the  State  Board  of  Education  call  the  atten- 
tion of  the  parish  boards  to  the  necessity  of  establishing  high 
schools  wherever  the  grade  of  students  justifies  it,  as  the  State 


142 

Board  of  Education  believes  that  the  establishment  of  a  number 
of  high  schools  in  the  State  will  contribute  powerfully  to  build 
up  both  the  public  school  system  and  colleges  and  universities. 
(August  19,  1892.) 

302.  (Collection  of  Poll  Tax.) 

Resolved :  That  the  State  Board  urge  the  parish  school  boards 
to  insist  upon  a  full  and  complete  collection  of  the  poll  tax,  and 
upon  failure  of  the  sheriff  to  report  as  the  law  directs  that  suits 
be  instituted  against  the  tax  collector  for  entire  amount  of  tlw 
roll  as  the  law  directs  in  Sections  2  and  3  of  Act  89,  approved 
July  2,  1888.  (August  19, 1892.) 

303.  (Normal  and  Other  Graduates.) 

Resolved :  That  the  several  parish  boards,  committees  on 
teachers,  and  parish  superintendents  throughout  the  State  are 
urged  to  use  their  best  endeavors  to  secure  the  services  of  com- 
petent teachers;  that  many  graduates  of  our  State  Normal 
School  and  of  other  colleges  entitled  to  a  preference  in  the  em- 
ployment of  teachers,  desire  positions  in  our  schools,  many  of 
whom  have  applied  to  our  State  Superintendent  for  employment, 
who  will  furnish  their  names  and  addresses  on  application,  and 
we  urge  the  local  authorities  to  secure  the  services  of  such  teach- 
ers as  the  best  means  of  advancing  the  educational  interest  of 
the  children  of  the  State.  (August  19,  1892.^ 

304.  (Penalty  for    Not    Recognizing    Normal    Graduates.) 

Resolved:  That  the  State  Superintendent  of  Public  Educa- 
tion be  and  is  hereby  ordered  and  directed  to  report  to  the  Gov- 
ernor any  school  board  or  members  of'  school  boards  who  fail 
to  give  preference  to  graduates  of  the  State  Normal  School  or 
other  schools  and  colleges  of  good  standing  as  directed  by  reso- 
lution of  this  board  passed  August  19,  1892,  or  who  fail  to  re- 
move their  parish  superintendents  who  are  inefficient,  unfaithful 
or  negligent  in  the  discharge  of  their  duties,  and  the  Governor 
is  hereby  requested  to  remove  such  boards  or  members,  subject 
to  the  ratification  of  this  board  as  approved  by  Section  2  of  Act 
29,  of  1892.  (October  19,  1892.) 

305.  (Neglect  of  Duty  to  be  Reported.) 

Resolved :  That  it  is  necessary,  that  the  parish  school  boards 
and  the  parish  school  superintendents  shall  rigidly  adhere  to 
the  laws  governing  the  public  schools,  and  where  any  neglect  or 


143 

violation  of  laws  by  any  parish  superintendent,  or  any  of  the  pro- 
visions of  such  public  school  laws,  shall  come  to  the  knowledge 
of  the  State  Superintendent  of  Public  Education,  he  shall  at 
once  report  the  facts  to  the  Governor  of  the  State,  with  tre 
request  that  he  remove  such  delinquent  under  the  provisions  of 
Section  2  of  Act  29  of  1892,  amending  and  re-enacting  Section 
8  of  Act  81  of  1888.  (October  19,  1894.) 

306.  (Uniformity    of   Text- Books.) 

Whereas,  the  law  provides  under  Section  3,  of  Act  81  of 
1888,  that  a  uniform  series  of  text-books  shall  be  used  in  the 
public  schools,  and 

Whereas,  this  requirement  has  the  merit  of  system  and  is  in 
line  with  strict  economy,  and  its  wisdom  has  been  thoroughly 
established  by  experience,  therefore 

Be  it  resolved :  That  it  shall  be  the  duty  of  the  superintend- 
ents in  the  several  parishes  to  see  that  this  rule  is  faithfully  en- 
forced and  that  the  text-boks  adopted  or  recommended  by  this 
board,  and  none  others,  are  used  in  the  public  schools  throughout 
the  State. 

Resolved  further :  That  a  breach  of  the  law  requiring  the  use 
of  uniform  text-books  as  above  stated,  after  notice  by  the  parish 
superintendent,  shall  be  deemed  sufficient  grounds  for  the  sum- 
mary dismissal  of  any  teacher  in  the  public  schools.  (June  29, 
1897.)  (Amended  by  law  of  1910.) 

307.  (Regulating  the   Price   of  School    Books.) 

Whereas,  complaint  has  been  made  that  some  of  the  local 
dealers  in  school  books  in  the  country  have  been  charging  more 
than  the  contract  price  for  text-books  selected  for  use  in  the 
public  schools,  therefore 

Be  it  resolved :  That  it  shall  be  the  duty  of  the  parish  super- 
intendents in  the  several  parishes  to  post  in  a  conspicuous  place 
in  the  schoolrooms  printed  schedules  of  prices  at  which  it  has 
been  agreed  to  furnish  the  books,  and  the  patrons  of  the  schools 
shall  be  notified  by  him  that  they  can  obtain  from  the  publishers 
through  the  parish  superintendents,  for  cash,  at  these  prices, 
in  case  any  additional  charges  are  made  by  local  dealers. 

Resolved  further:  That  the  State  Superintendent  of  Public 
Education  shall  forward  to  the  parish  superintendents  these 
printed  price  lists.  (October  19,  1894.) 


144 

308.  (Superintendents  Enforce  Use  of  Text- Books.) 

Resolved:  That  it  shall  be  the  duty  of  the  parish  superin- 
tendents in  the  several  parishes  to  see  that  the  laws  and  resolu- 
tions relative  to  the  State  adoption  of  text-books  are  faithfully 
enforced,  and  that  the  text-books  adopted  or  recommended  by 
the  State  Board  of  Education,  and  no  others,  are  used  in  the 
public  schools  throughout  the  State.  (March  20,  1905.) 

308-a.    (Regulating  Sale  of  School   Books.) 

Be  it  resolved :  That  the  Depositories  appointed  by  this  board 
are  prohibited  from  in  any  way  invalidating  by  their  actions  the 
contracts  entered  into  by  the  board  and  the  several  publishing 
houses.  (October  19,  1894.) 

309.  (Members  of  School    Board    Not  to  Teach    in   Their   Parish.) 

Be  it  resolved,  That  it  is  the  sense  of  this  board  that  persons 
engaged  in  teaching  in  the  parish  public  or  private  schools  of 
Louisiana  shall  not  be  selected  or  appointed  to  membership  on 
the  parish  school  board  of  the  parish  in  which  they  are  engaged 
in  teaching;  and,  be  it  further  resolved,  that  a  member  of  a 
parish  school  board  now  teaching,  or  accepting  the  appointment 
as  teacher,  in  the  said  parish  public  or  private  schools  of  Lou- 
isiana, shall  resign  his  position  as  a  member  of  the  parish  school 
board  of  the  parish  in  which  he  has  accepted  an  appointment 
as  teacher  aforesaid.  (August  11,  1904.) 

310.  (Qualifications  of  the  Parish  Superintendent.) 

Be  it  resolved :  That  the  attention  of  parish  school  boards  is 
directed  to  Section  8,  Act  167  of  1904,  wherein  the  qualifications 
of  parish  superintendents  are  stated,  to-wit:  "He  shall  be  a 
person  of  high  moral  character,  and  a  practical  educator. " 
Boards  shall  strictly  conform  to  the  purpose  and  intent  of  these 
qualifications  to  the  end  that  the  best  practical  school  supervision, 
as  well  as  the  services  of  a  competent  secretary  of  the  board, 
may  be  guaranteed  in  the  person  of  parish  school  superintendent. 
(August  11,  1904.) 

311.  (Teachers'  Certificates;  Subjects  Required.) 

Resolved :  That  the  State  Superintendent  shall  be  guided  by 
the  following  regulations  when  preparing  questions  for  teachers' 
examinations : 


145 

To  .obtain  a  third  grade  certificate  the  applicant  must  average 
75  per  cent  or  more  and  not  fall  below  40  per  cent  in  any  subject 
required  for  a  third  grade  certificate.  Applicants  for  a  third 
grade  certificate  shall  be  examined  in  the  following  studies: 
(1)  Spelling,  (2)  Reading,  (3)  Penmanship  and  Drawing,  (4) 
Arithmetic,  (5)  English  Grammar,  (6)  Geography,  (7)  U.  S. 
History,  (8)  Constitutions  of  Louisiana  and  of  the  United  States, 
(9)  Physiology  and  Hygiene,  (10)  Theory  and  Art  of  Teaching. 

Applicants  who  hold  third  grade  certificates  and  who  apply 
for  second  grade  certificates  shall  be  examined  in  the  following 
subjects  and  shall  be  required  to  make  an  average  of  not  less 
than  80  per  cent,  and  no  certificate  shall  be  granted  where  a 
grade  in  any  subject  is  below  50  per  cent:  (1)  Grammatical 
Analysis,  (2)  Physical  and  Political  Geography,  (3)  Elementary 
Algebra,  (4)  Theory  and  Art  of  Teaching,  (5)  Arithmetic,  (6) 
United  States  History,  (7)  Agriculture  (Elementary  Science), 
(8)  Reading,  (9)  Constitutions  of  Louisiana  and  the  United 
States,  (10)  Spelling.. 

To  obtain  a  second  grade  certificate,  applicants  holding  no 
certificates  shall  be  examined  in  the  following  additional  subjects : 
Penmanship  and  Drawing,  Physiology  and  Hygiene. 

Applicants  holding  second  grade  certificates,  when  applying 
for  a  first  grade  certificate,  shall  be  examiend  in  the  following 
subjects:  They  shall  be  required  to  make  an  average  of  not 
less  than  85  per  cent,  and  they  shall  not  fall  below  50  per  cent 
in  any  subject:  (1)  Higher  Algebra,  (2)  Physics,  (3)  Geom- 
etry, (4)  Penmanship  and  Drawing,  (5)  Theory  and  Art  of 
Teaching,  (6)  English  Grammar  and  Composition,  (7)  Arith- 
metic (Written  and  Mental),  (8)  Political  and  Physical  Geog- 
raphy, (9)  U.  S.  History,  (10)  Agriculture  (Elementary 
Science). 

(a)  An  applicant  for  a  first  grade  certificate  who  holds  a 
third  grade  certificate  'must  in  addition  to  the  first  grade  sub- 
jects take  the  following  second  grade  subjects:     Reading,  Con- 
stitutions of  Louisiana  and  the  United  States,  Spelling. 

(b)  An  applicant  for  a  first  grade  certificate  who  holds  no 
certificate  nor  is  a  graduate  of  an  institution  authorized  to  issue 
diplomas  must  in  addition  to  the  first  grade  subjects  take  up 
the  following  third  grade  subject :    Physiology  and   Hygiene ; 


146 

and  also  the  following  second  grade  subjects:    Constitutions  of 
Louisiana  and  the  United  States,  Spelling. 
(Resolution  of  January  7,  1910.) 

312.  (Parish   Superintendents    Not  to    Engage   in   Teaching.) 

Be  it  resolved:  That  no  parish  school  superintendent  shall 
engage  in  teaching  in  any  of  the  parish  public  schools  under  his 
supervision  during  his  term  of  office  as  superintendent.  This 
resolution  is  not  to  be  construed  so  as  to  prevent  a  parish 
superintendent  from  being  the  supervising  principal  of  any  of 
his  parish  high  schools.  (August  11,  1904.) 

313.  (Requirements,   Etc.,  Approved    Elementary  Schools.) 

All  public  schools  of  the  State,  below  the  grade  of  State 
Approved  High  Schools,  meeting  the  following  requirements, 
shall  be  placed  on  the  State  List  of  Elementary  Schools,  and 
shall  be  entitled  to  such  privileges  and  advantages  as  are  here- 
inafter stated : 

Requirements: 

These  schools  shall  be  classed  as  (1)  Ungraded,  Class  D,  (2) 
Graded,  Class  C,  (3)  Graded,  Class  B,  and  (4)  Graded,  Class  A. 

The  minimum^  teacher  limit  for  State  recognition  for  each 
class  shall  be  as  follows: 

(1)  One  teacher;  (2)  two  teachers;  (3)  three  teachers ;  (4) 
four  teachers. 

The  maximum  grade  enrollment  limit  for  State  recognition 
for  each  class  shall  be  as  follows: 

(1)  Five  grades;  (2)  seven  grades;  (3)  nine  grades;  (4) 
ten  grades. 

Satisfactory  evidence  must  also  be  furnished  the  Supervisor 
of  Elementary  Schools  in  the  following  particulars: 

1.  That  title  to  the  school  property  is  vested  in  the  Parish 
School  Board. 

2.  That  the  school  will  maintain  at  least  an  eight  month's 
session. 

3.  That  the  school  building  is  adequate  in  size,  comfortable 
and   sanitary. 

4.  That   the   equipment  in   the   way  of   furniture,   library, 
laboratory,  blackboard,  tools,  etc.,  is  sufficient  to  enable  teachers 
to  do  good  work. 

5.  That  the  teachers  employed  are  fully  competent. 


147 

6.  That  the  course  of  study  will  be  or  is  being  carried  out 
in  a  satisfactory  manner. 

The  continuation  on  the  State  approved  list  of  the  names  of 
such  schols  as  may  qualify,  from  year  to  year,  is  also  dependent 
upon  their  meeting  such  additional  requirements  as  may  be 
added  to  the  foregoing  from  time  to  time. 

Privileges    and    Advantages: 

1.  Names  of  approved  schools  will  be  published  from  time 
to  time. 

2.  Pupils  in  good  class  standing  from  any  grade  of  any  such 
approved  school  shall  be  entitled  to  enter  the  same  grade  of  any 
approved  high  schools  of  the  State  without  examination. 

3.  It  shall  be  the  duty  of  the  Supervisor  of  Elementary 
Schools  to  visit  such  approved  schools  as  often  as  he  may  find 
it  possible  to  do  so. 

4.  Pupils  completing  the  highest  authorized  grade  of  any 
and  all  such  approved  elementary  schools  of  each  parish  shall 
annually  be  publicly  presented,  at  some  convenient  and  central 
point,  with  certificates  of  completion  of  such  grades  by  some 
duly  authorized  representative  of  the  State  Department  of  Edu- 
cation, the  same  to  have  the  seal  of  the  State  Department  of 
Education. 

5.  All  such  approved  schools  shall  share  in  any  appropria- 
tion that  may  be  made  by  the  General  Assembly  in  the  future 
for  the  aid  of  elementary  approved  schools. 

(Resolution  of  August  1,  1910.) 

313-a.    (Persons  Under  18  Years  of  Age  Not  Allowed  to  Teach.) 

Eesolved :  That  no  teacher  under  eighteen  years  of  age  shall 
be  employed  in  the  public  schools  of  Louisiana.  This  regula- 
tion shall  become  effective  beginning  with  the  session  of  1911-12. 
(August  1,  1910.) 

313-b.    (State  Approved   Agricultural   Schools.) 

Ebenezer  Graded  School,  Acadia  Parish;  Oak  Grove  High 
School,  Ascension  Parish;  Marksville  High  School,  Avoyelles 
Parish;  Merryville  High  School,  Calcasieu  Parish;  Arizona 
Graded  School,  Claiborne  Parish;  Stonewall  High  School,  De- 
Soto  Parish;  Verda  High  School,  Grant  Parish;  Eros  High 
School,  Jackson  Parish;  Calhoun  Graded  School,  Ouachita  Par- 
ish; Grand  Prairie  High  School,  St.  Landry  Parish;  St.  Mar- 


148 

tinville  High  School,  St.  Martin  Parish;  Chesbrough  Graded 
School,  Tangipahoa  Parish;  Gueydan  High  School,  Vermilion 
Parish;  Bellevue  High  School,  Vernon  Parish;  Rio  Graded 
School,  Washington  Parish;  Minden  High  School,  Webster  Par- 
ish; Dodson  High  School,  Winn  Parish.  (App.  February  17, 
1911.) 

The  State  Superintendent  was  authorized  to  distribute  among 
these  schools  the  agricultural  appropriation  of  $25,000 ;  $1,000 
to  be  sent  immediately  to  each  school  upon  the  approved  list, 
and  the  remaining  $4-70  due  each  school  to  be  sent  out  as  soon 
as  the  agricultural  inspector  shall  visit  all  of  the  institutions 
and  report  that  they  are  meeting  in  every  respect  the  require- 
ments fixed  by  the  State  Board.  (February  17,  1911.) 

314.  (Declaration    of    Independence.) 

Be  it  resolved :  That  a  committee  be  appointed  for  the  pur- 
pose of  having  printed  in  some  suitable  and  durable  form  the 
Declaration  of  Independence,  to  be  suspended  from  the  walls  of 
every  public  school  upon  the  22d  day  of  February,  annually, 
throughout  the  State;  and  for  this  occasion  a  program  of  ad- 
dresses and  patriotic  songs  shall  be  arranged  and  carried  out 
by  the  principals  or  teachers  in  charge  of  the  schools.  (July 
25,  1901.) 

315.  (State   Teachers'   Association.) 

Be  it  resolved :  That  the  State  Board  of  Education  regards 
the  State  Teachers'  Association  as  a  valuable  means  of  improve* 
ment  of  the  public  school  teachers  of  the  State  and  regrets  to 
learn  that  only  a  small  per  cent  of  our  corps  are  on  the  rolls; 
therefore,  the  State  Board  advises  the  parish  superintendents 
to  use  their  efforts  to  secure  a  large  attendance  of  teachers  at 
the  annual  meeting  of  the  State  Teachers'  Association,  as  well 
as  the  monthly  meetings  of  their  parish  teachers'  association. 
(August  15,  1903  ^ 

316.  (Establishment  of  High  Schools.) 

Be  it  resolved:  That  it  is  declared  to  be  the  policy  of  the 
State  Board  of  Education  that  hereafter  no  high  school  be  au- 
thori/ed  or  established  in  any  parish  until  it  is  shown  that  tlu> 
common  schools  of  said  parish  have  been  kept  open  for  not  less- 
than  seven  months  in  the  year.  (August  15,  1903.) 


149 

317.  (High   School    Diplomas.) 

Bo  it  resolved:  That  the  State  Superintendent  of  Public 
Education  be  authorized  to  prepare  a  form  of  Diploma  for  high 
schools  to  be  signed  by  the  State  Superintendent,  parish  super- 
intendent, and  principal  of  the  school  from  which  it  is  issued, 
said  diplomas  to  be  granted  graduates  of  high  schools  of  the 
State.  (August  15,  1903.^ 

318.  (Special   School   Tax.) 

Be  it  resolved :  That  this  board  hereby  testifies  its  high  ap- 
preciation of  the  philanthropy  and  patriotism  of  those  inhab- 
itants of  the  State  who  have  availed  themselves  of  the  invitation 
of  the  State  Constitution  of  1898  by  uniting  in  special  school 
districts  and  voluntarily  taxing  themselves  for  the  support  and 
improvement  of  the  public  schools  in  their  localities;  and  this 
board  further  urges  all  the  citizens  of  the  State  to  imitate  the 
noble  example  thus  furnished.  (August  15,  1903.) 

319.  (Summer  School  Credits.) 

Resolved:  That  the  State  Superintendent  of  Education  is 
hereby  empowered  to  extend  valid  teachers'  certificates  of  all 
teachers  (they  applying  to  him)  hereafter  attending  the  State 
Summer  Schools  and  doing  satisfactory  work  therein,  as  follows : 

Teachers  who  shall  attend  one  of  the  State  Summer  Schools 
for  nine  weeks  and  complete  the  work  successfully  shall  be  enti- 
tled to  have  any  valid  teacher's  certificate  which  they  might 
hold,  whether  State,  first,  second,  or  third  grade,  extended  for 
a  period  of  one  year,  provided  the  extension  is  made  within 
one  year.  (March  17,  1909.) 

32°-  Eesolved:  That  applicants  for  teachers'  certificates  attend- 
ing one  of  the  State  Summer  Schools  for  nine  weeks  and  com- 
pleting the  work  successfully,  shall  be  entitled  to  have  a  credit 
of  fifteen  per  cent  added  to  the  general  average  made  in  exam- 
ination, irrespective  of  the  grade  of  certificate  applied  for, 
whether  State,  first,  second,  or  third  grade.  (March  17,  1909.) 

321.     (Recommending   Recognitipn  of  Summer  Work.) 

The  State  Board  of  Education  recommends  raising  the  sal- 
ary, by  five  dollars,  of  those  teachers  who  attend  a  Summer 
School  and  receive  a  Certificate  of  Credits.  (Resolution  of  State 
Board  of  Education,  January  22,  1909.) 


150 

322.  (Preference  Given  Summer  School  Students.) 

The  managers  of  the  Summer  Normal  Schools  shall  issue 
Certificates  of  Attendance  to  every  teacher  present  during  the 
whole  of  their  sessions,  and  the  parish  boards  of  school  directors 
shall  give  preference,  other  things  being  equal,  to  the  holders 
of  said  certificates  in  the  selection  of  teachers  for  the  public 
schools.  (La.  Statute,  S.  46,  Act  214  of  1902.) 

323.  (All  Teachers  in  High  Schools  Required  to  Hold  First  Grade  Cer- 

tificates.) 

Resolved:  That  beginning  with  the  session  of  1910-11  no 
teacher  holding  lower  than  a  first  grade  certificate  shall  be  em- 
ployed in  the  State  Approved  High  Schools.  This  regulation 
shall  apply  to  grade  teachers  as  well  as  to  teachers  in  high  school 
department.s  (January  7,  1910.) 

324.  (Requirements  for  Agricultural  Departments.) 

That  agricultural  departments  in  the  public  schools  of  Lou- 
isiana which  shall  share  in  the  State  appropriation  to  agricul- 
tural schools  shall  be  governed  by  the  following  requirements: 

1.  The  school  must  have  a  demonstration  farm  of  as  much 
as  five  acres,  in  one  body,  and  an  option  on  an  additional  five 
acres  which  may  be  secured  in  the  event  it  should  be  needed. 

2.  The  demonstration  farm  must  have  around  it  a  fence  that 
is  proof  against  rabbits,  chickens  and  stock. 

3.  There  must  be  a  barn  with  as  many  as  five  stalls  for 
horses  and  cattle;    a  weevil-proof  grain  bin  containing  as  much 
as  1,500  cubic  feet ;  a  fertilizer  room ;  a  hay  loft,  and  a  tool  room. 
(Plans  of  suitable  barns  will  be  furnished  on  application.) 

4.  Apparatus  for  teaching  the  sciences:     (a)   If  the  Agri- 
cultural Department  is  in  a  State  Approved  High  School,  there 
must  be  $100  worth  of  apparatus  selected  especially  for  the 
teaching  of  agriculture,  and,  in  addition  to  this,  the  school  must 
have  the  apparatus  required  of  all  Approved  High  Schools,     (b) 
If  the  school  is  not  an  Approved  High  School,  it  must  have  as 
much   as   $100   worth   of   apparatus   for   agricultural   teaching. 
Should  there  be  classes  in  the  school  through  the  ninth  grade, 
there  must  be  as  much  as  $76  worth  of  additional  apparatus; 
if  there  are  classes  in  the  tenth  grade,  there  must  be  as  much 
as  $150  worth  of  apparatus  in  addition  to  the  two   amounts 
named  above. 


151 

5.  Tools:    The  school  must  have  as  much  as  $40  worth  of 
tools,     (b)  Implements:   The  school  must  own  as  much  as  $140 
worth  of  farm  implements.     (List  of  tools,  apparatus,  and  imple- 
ments may  be  secured  on  application.)     (c)  The  school  must  own 
a  horse  or  a  mule,     (d)   The  school  must  have  an  appropriation 
of  $250,  which  may  be  used  as  the  local  authorities  think  best 
in  promoting  the  work  in  agriculture. 

6.  The  school  must .  employ  a  teacher  of  agriculture  satis- 
factory to  the  Department  of  Education.     He  must  be  a  grad- 
uate of  an  agricultural  college,  and  he  should  have  had  some 
practical  experience  in  farming.     He  must  not  be  the  principal 
of  the  school.     He  must  be  employed  for  twelve  months  in  the 
year,  and  he  must  not  be  required  to  teach  any  class  in  the 
school  outside  of  the  department  of  agriculture,  with  the  excep- 
tion that  he  may  be  permitted  to  do  all  the  work  in  Botany 
and  Zoology  if  these  subjects  are  given  an  agricultural  turn. 

7.  The   maximum   number   of   agricultural   departments   to 
be  established  for  the  session  1910-11  and  to  share  in  the  State 
appropriation  is  fixed  at  twenty. 

8.  Before  any  agricultural  department  shall  be  approved  by 
this  Board  and  permitted  to  share  in  the  appropriation,  Mr. 
V.  L.  Roy,  Inspector  of  Agricultural  Education,  shall  visit  the 
school  making  the   application   and   shall   submit   to   the   State 
Board  a  report  to  the  effect  that  the  school  has  met  all  the  re 
quirements  outlined  above. 

9.  All  schools  making  application  for  agricultural  depart- 
ments and  wishing  to  share  in  the  agricultural  appropriation 
must  meet  the  above  requirements  and  receive  the  approval  of 
the  Inspector  of  Agricultural  Schools  by  September  1,  1910. 

(Resolution  of  August  1,  1910.) 

325.    (Inheritance  Tax.) 

Resolved:  That  the  State  Superintendent  of  Public  Educa- 
tion be  directed  to  call  the  attention  of  the  several  district  attor- 
neys througout  the  State  to  the  provisions  of  .Act  45  of  1904, 
and  request  that  same  be  strictly  enforced  by  them. 

Resolved,  further,  That  they  be  specially  requested  to  collect 
all  such  amounts  as  may  have  become  due  under  that  Act  and 
which  have  not  yet  been  collected.  (March  24,  1905.) 


152 

326.  (Parish  Treasurer's  Record  With  Sheriff.) 

Resolved:  That  the  several  parish  school  boards  shall  be 
directed  to  procure  a  suitable  book  in  which  the  parish  treasurer 
shall  keep  an  account  with  the  sheriff  of  his  parish,  charging  him 
with  all  fees  and  forfeits  as  shown  by  the  minutes  of  the  court, 
and  from  which  he  shall  make  his  settlements  from  time  to  time, 
crediting  the  said  sheriff  with  such  fines  as  are  uncollectible. 
(January  9,  1905.) 

327.  (Arbor  Day  Established.) 

Be  it  resolved:  That  the  State  Board  of  Education  hereby 
designates  the  second  Friday  in  January  as  Arbor  Day,  a  day 
on  which  those  in  charge  of  the  public  schools  and  institutions 
of  learning  under  State  control  or  State  patronage,  shall,  for 
at  least  two  hours,  give  information  to  the  pupils  and  students 
concerning  the  value  and  interest  of  forestry,  the  duty  of  pupils 
to  protect  the  song-birds,  and  to  encourage  and  assist  in  plant- 
ing of  forest  trees. 

Be  it  further  resolved:  That  the  State  Superintendent  of 
Public  Education  is  hereby  directed  to  prescribe  from  time  to 
time,  a  program  of  exercises  and  instruction  in  the  subjects 
hereinbefore  mentioned,  which  shall  be  adopted  and  observed 
by  the  public  school  authorities  on  Arbor  Day,  said  program  to 
be  issued  to  the  parish  superintendents,  and  upon  receipt  of 
copies  of  such  program,  sufficient  in  number  to  supply  all  the 
schools  under  their  supervision,  the  superintendents  aforesaid 
shall  promptly  provide  each  of  the  schools  under  their  charge 
with  a  copy,  and  cause  same  to  be  observed.  (November,  24, 
1905.) 

328.  (Superintendent's   License.) 

Resolutions  adopted  by  the  State  Board  of  Education  at  a 
regular  meeting  held  in  Baton  Rouge,  on  July  20,  1908,  concern- 
ing applicants  for  parish  superintendencies,  under  Act  49  of 
1908: 

Resolved,  That  any  person  who  is  now  holding  the  position  of 
parish  superintendent,  by  virtue  of  this  fact  shall  be  entitled  to 
a  certificate  of  eligibility,  and  that  said  certificate  shall  issue 
without  further  examination,  upon  proper  application. 


153 

Resolved,  That  any  applicant  for  a  certificate  of  eligibility  to 
the  office  of  parish  superintendent  shall  report  at  the  office  of 
State  Superintendent  of  Education  at  Baton  Rouge,  at  9  o'clock 
a.  m.,  on  August  29,  1908,  and  take  the  examination  hereinafter 
provided. 

Resolved,  That  if  any  applicant  for  certificate  of  eligibility 
prefer  to  do  so,  he  may  appear  for  examination  before  the  parish 
superintendent  and  the  examining  committee  of  the  parish,  at 
the  parish  seat  of  any  parish  on  August  29,  1908,  at  9  a.  m., 
and  the  parish  superintendent  shall  open  the  sealed  questions 
furnished  by  the  State  Board  of  Education  in  the  presence  of  at 
least  one  other  member  of  the  examining  committee  and  all  the 
applicants.  The  examination  shall  be  then  held,  and,  imme- 
diately thereafter,  the  questions  and  answers  sealed  shall  be 
forwarded  to  the  Secretary  of  the  State  Board  of  Education 
at  Baton  Rouge. 

Resolved,  That  the  applicants  shall  be  examined  on  the  fol- 
lowing subjects:  School  Supervision,  School  Administration, 
and  the  Theory  and  Art  of  Teaching. 

Resolved,  That  all  persons  applying  for  a  certificate  of  eligi- 
bility must  comply  with  the  provisions  and  qualifications  as  set 
forth  in  Act  No.  49  of  1908. 

329-  Resolved,  That  a  committee  of  five  be  appointed  by  the 
President  of  the  State  Board  of  Education,  whose  duty  it  shall 
be  to  prepare  all  questions  as  above  provided,  to  examine  all 
applicants,  and  answer  papers  returned  from  the  parishes,  and 
report  to  this  Board  at  a  meeting  to  be  held  on  September  11, 
1908.  Following  is  the  committee  appointed  by  the  President  of 
the  Board:  State  Superintendent  J.  B.  Aswell,  State  Institute 
Conductor  L.  J.  Alleman,  President  T.  D.  Boyd,  Col.  J.  W. 
Nicholson  and  Prof.  J.  W.  Heckert. 

33°-  Resolved,  That  in  the  opinion  of  this  Board,  parish  super- 
intendents to  be  efficient  under  Act  No.  49  of  1908,  should  devote 
their  entire  time  to  the  schools  of  their  respective  parishes. 
(July  20,  1908.) 


154 

SANITARY  REGULATIONS  OF  THE  LOUISIANA  STATE 

BOARD  OF  HEALTH,   CONCERNING  HYGIENE 

AND    SANITATION    OF    SCHOOLS. 

SANITARY  CODE,  STATE  OF  LOUISIANA,  SECTION  250. 

NOTE. — By  Act  192  of  1898  the  State  Board  of  Health  is  authorized  to 
enact  regulations  which  are  binding  upon  the  public. 

331.  (Parish    Board  and   Superintendent  to    Enforce    Rules  and    Regula- 

tions.) 

The  parish  or  municipal  school  board,  and  the  parish  super- 
intendent of  schools,  shall  be  held  responsible  for  the  execution 
and  enforcement  of  the  following  rules  and  regulations,  and  all 
other  health  laws  governing  the  hygiene  of  the  schoolroom  and  the 
premises  of  the  schools  under  their  respective  jurisdictions. 

331 -a.    (Plans  for  Schoolhouses  to  be  submitted  to  State  Superintendent, 
Parish  Superintendent  and  Parish   Health  Officer.) 

Plans  and  specifications  for  every  schoolhouse  hereafter 
erected  in  the  State  must  be  submitted  to  the  parish  superin- 
tendent of  schools,  and  to  the  State  Superintendent  of  Educa- 
tion, and  also  to  the  parish  health  officer,  that  it  may  be  deter- 
mined whether  every  hygienic  or  necessary  provision  is  made, 
especially  with  reference  to  ventilation,  light  and  protection 
against  fire. 

332.  (Regulating   Ventilation  and    Light.) 

Every  schoolhouse,  public  or  private,  or  other  building  used 
for  school  purposes,  shall  be  ventilated  in  such  manner  as  to 
afford  eighteen  hundred  cubic  feet  of  air  per  hour  for  each 
adult,  and  a  proportionate  amount  for  each  child,  and  shall 
contain  not  less  than  two  hundred  cubic  feet  of  air  space  for 
each  child  to  be  taught  therein.  Windows  and  transoms  shall 
be  so  constructed  that  windows  may  be  lowered  from  the  top 
and  transoms  opened.  Every  schoolhouse  must  be  lighted  in 
such  a  manner  as  to  minimize  the  eye  strain.  Each  room  must 
contain  of  actual  surface  of  glass  in  the  windows  not  less  than 
one-seventh  of  the  floor  space. 

333.  (Regulating  the  Swinging  of  Doors.) 

All  doors  except  those  which  slide  into  wall  pockets  shall 
open  outward,  and  all  partition  doors  shall  be  hung  on  double- 
action  hinges. 


155 

334.  (Governing  the  Treatment  and  Sweeping  of  Floors  and  Wiping  of 

Furniture,  Etc.) 

The  floors  of  every  school  must  be  treated  with  some  antiseptic 
floor  dressing.  Applications  to  be  at  sufficiently  frequent  inter- 
.vals  to  keep  down  effectually  the  dust;  floors  to  be  scrubbed 
thoroughly  before  each  application.  Floor  dressing  for  use  in 
the  schools  must  be  approved  by  the  State  analyst. 

The  floors  of  every  school  must  be  swept  daily,  sweeping 
to  be  done  after  all  pupils  have  left  the  building.  All  windows 
must  be  thrown  open  and  schoolhouse  thoroughly  aired  after 
cleaning. 

All  desks,  wainscoating,  window  sills  and  baseboards  in 
every  schoolhouse  in  the  State  must  be  wiped  off  daily  with  a 
cloth  moistened  with  1-2000  bichloride  of  mercury,  or  3  per 
cent  carbolic  acid  solution. 

335.  (Spitting  on    Floors  Strictly  Prohibited.) 

Spitting  on  floors,  walls,  etc.,  must  be  strictly  probated 
and  anti-spitting  placards  placed  in  every  room. 

336.  (Teachers   Must   Furnish    Health  Certificates.) 

No  person  suffering  from  any  communicable  disease  shall 
be  employed  as  teacher  or  janitor  in  any  public  school  in  this 
State.  At  the  opening  of  each  annual  term  teachers  must  fur- 
nish a  health  certificate  from  a  registered  physician,  addressed 
to  the  parish  superintendent  of  schools,  certifying  that  they  are 
not  suffering  from  tuberculosis  or  other  communicable  disease. 

337.  (Vaccination    Required  of  Pupils.) 

No  one  shall  be  entered  as  a  pupil  in  the  public  schools  of 
this  State  without  first  having  presented  to  the  principal  in 
charge  a  certificate  from  a  registered  physician  of  Louisiana, 
certifying  that  within  the  preceding  five  years  the  applicant 
was  successfully  vaccinated. 

Three  unsuccessful  attempts  at  vaccination  with  a  proven 
virus  shall  be  accepted  as  an  immunity  for  a  period  of  one  year. 

Pupils  are  required,  at  the  end  of  each  five  years,  to  renew 
their  vaccination  certificates. 

338.  (Pupils  Suffering  With  Communicable  Disease  to  be  Excluded.) 

No  pupil  suffering  from  any  communicable  disease  shall  be 
permitted  to  attend  the  public  schools  of  this  State.  The  prin- 
cipal or  the  teacher  has  the  right  to  exclude  any  child  from  the 


156 

schools  whom  they  suspect  of  suffering  from  any  communicable 
disease,  pending  examination  and  report  of  a  registered  phy- 
sician. 

339.  (Schoolhouses  to  be  Disinfected.) 

All  schoolrooms  in  the  State  must  be  disinfected  before  the 
beginning  of  each  school  session,  with  the  formaldehyde-per- 
manganate of  potash  mixture  as  indicated  in  the  bulletin  of 
disinfection. 

340.  (On    Appearance    of    Communicable     Diseases,    Schools     Must    be 

Closed.) 

On  the  appearance  in  a  school  of  any  communicable  disease, 
either  among  the  pupils,  teachers  or  attendants,  the  school  shall 
be  closed  immediately  and  fumigated  before  reopening. 

341.  (School  Premises  Shall  Be  Drained.) 

The  school  premises  shall  be  thoroughly  drained  and  no 
stagnant  water  permitted  to  collect.  In  towns  with  a  drainage 
system  or  where  an  outflow  is  possible,  the  school  site  and  the 
entire  area  of  the  ground  shall  be  properly  drained,  so  as  to 
reduce  the  ground  water  level,  and  the  drainage  effected  in 
£uch  manner  as  not  to  contaminate  with  its  effluvia  any  well, 
cistern  or  other  source  of  drinking  water. 

342.  (Abundant  Supply  of  Pure   Drinking  Water.) 

Every  school  must  be  supplied  with  an  abundance  of  pure 
drinking  water  for  drinking  purposes.  Where  water  is  used 
from  surface  wells,  said  wells  must  be  located  at  least  100  feet 
from  any  closet. 

343.  (Open   Receptacles  for  Water  and  Common  Cups  Prohibited.) 

The  use  of  open  receptacles  for  drinking  water  in  schools, 
and  also  of  dippers  or  cups  for  common  drinking  purposes,  is 
prohibited.  The  school  authorities  must  supply  for  holding 
drinking  water  covered  containers  with  faucets,  which  containers 
must  be  scoured  daily  when  in  use.  All  teachers  and  pupils 
must  provide  themselves  with  individual  drinking  cups  or 
glasses.  In  towns  or  cities  where  there  is  a  public  water  supply 
a  sanitary  drinking  fountain  shall  be  installed. 


157 

344.  (Garbage  Can    Required;    Emptied   Daily.) 

Every  school  in  this  State  must  have  a  sufficient  number  of 
trash  or  garbage  cans  for  the  convenience  of  the  pupils,  teachers 
and  employees,  and  said  trash  or  garbage  cans  must  be  kept 
closed,  and  emptied  daily. 

345.  (Stiles  Sanitary  Closet  Compulsory.) 

The  urinals  and  water  closets  must  be  connected  with  the 
sewerage  system,  where  one  exists,  when  within  1,000  feet  there- 
from. Where  no  sewerage  system  exists,  all  schools  must  have 
a  Stiles  sanitary  closet  (plans  and  specifications  will  be  furnished 
by  the  State  Board  of  Health  upon  request),  cess-pool  or  septic 
tank.  Where  the  Stiles  sanitary  closet  is  used  the  inner  surface 
of  the  container  must  be  treated  with  crude  petroleum  at  least 
once  a  week.  All  closets  mast  be  scrubbed  once  a  week  and  kept 
in  a  sanitary  condition  at  all  times. 

346.  (Lecturers  for  State    Institutions  and   Teachers'    Institutes.) 

The  State  Board  of  Health  will,  when  desired  by  the  State 
Institutions  of  learning,  or  the  State  Pedagogical  Institutes,  or 
the  Agricultural  Institutes,  send  3,  lecturer  to  deliver  a  series  of 
lectures  on : 

1.  Personal  hygiene. 

2.  School  hygiene. 

3.  Principles  and  practice  of  physical  training. 

4.  Drug  and  alcohol  addictions. 

5.  Contagious  and  infectious  diseases ;  cause  and  prevention. 

6.  Hygiene  of  the  home  and  farm. 

347.  (Parish  Superintendents'  Monthly  Report  to  State  Board  of  Health.) 

The  principal  of  each  school  in  the  State,  except  in  cities 
where  there  is  employed  a  regular  medical  inspector,  shall  make 
a  monthly  report  to  the  parish  superintendent  of  schools  on  the 
sanitary  condition  of  the  school  building  and  surroundings,  also 
the  physical  condition  of  the  school  children.  Blank  reports  for 
this  purpose  will  be  furnished  by  the  Louisiana  State  Board  of 
Health.  Parish  superintendents  of  schools  shall  forward  these 
reports  to  the  Louisiana  State  Board  of  Health  within  ten  days 
after  their  receipt  by  him. 


I  N  DEX 


Section 
Authorized   High  Schools: 

Appropriations  for.     (See  last  appropriation  bill.) 

Diplomas 317 

How  established 43,  301 

Rules  regulating  same 298,  301,  316 

Sites  to  be  provided,  how 43 

List  of  approved 297 

Assessor,   Parish: 

Enumeration  of  children 50 

— deaf  and  dumb 50 

— Lists  to  be  made 50 

— Oath  as  to  correctness 50 

— Compensation  for 51 

—Blanks  furnished  by  Auditor 52 

—Penalty  for  non-compliance 53 

Oath  of  office 54,  55,  56 

Poll  Tax — Lists  furnished  school  board 166 

—Penalty  for  failure  to  comply 166 

— Compensation  for  making  lists 57 

School  Taxes — Fees  for  assessing 57 

— 2%  on  special  school  taxes 57 

Attorneys   and   Courts: 

District  Attorney,  counsel  for  parish  board 42 

— Compensation 42-a 

—Other  attorneys  may  be  selected 42 

— Collection  of  school  land  notes 184, 185, 18ti 

— Inheritance  tax,  compensation 162 

— Specially  charged  as  to  inheritance  tax 325 

—Reclamation  of  16th  sections,  etc 191-a,  191-b 

— Not  allowed  commissions  on  fines 296-a 

Special  attorney  may  be  appointed  by  State  Superin- 
tendent   72 

Supreme  Court — Jurisdiction  of 282 

—Decisions  of.    ( See  ' '  Supreme  Court. ' ' ) 

School  suits  have  preference  in  trials,  when 27 

Certified  copies  of  records  of  State  Superintendent 

admissible  in  evidence 68 


160 

Section 
Auditor  of  Public  Accounts,  State: 

Blanks  furnished  for  enumeration  of  children 52 

Estimates  taxes  needed  for  public  schools 128 

Exempt  from  jury  duty 216 

Furnishes  information  to  State  Superintendent 65 

Duty  in  connection  with  special  taxes 139-a 

State  Superintendent,  furnishes  information  to 128 

Oath  of  office.  - 54,  55,  56 

Reports — Neglect  to  Governor 32 

— On  condition  of  school  fund 128 

School    lands — For    duties    in    connection    with    see 

"School  Lands." 
Trial  for  failure  to  perform  duty 61 

Beneficiary  Students: 

See  "State  Institutions,"  also,  for  Tulane  University, 

Act  43,  Sec.  6,  of  1884,  and 265-a 

Board  of  School   Directors: 

See  "Parish  School  Board." 

City  Schools:     Lake  Charles  and   New  Orleans: 

Lake  Charles 216-a-6 

New  Orleans — Appropriations  by  City  Coun- 
cil, funds 11,  234,  236 

—Children,  enumeration  of 49,  50 

—Of  the  poor,  books  for 18,  238,  239 

— Certificates  good  for  five  years 224 

—Diplomas  of  City  Normal 228 

—Debts ;    limitations  to  contractions  of 37 

—Prescription  of 206 

—Donations 28,  29 

—Funds  from  Board  of  Liquidation 11 

—School  hours 212 

— Indebtedness,  certificates  of 277-b 

—Inheritance  tax 141-a,  165 

—Institutes,  may  be  conducted 105 

—Pupils  may  be  suspended  by  principal 217 

—Indigent;    see  "Children  of  the  Poor." 
—Reports  to  Council 233 

—to  State  Superintendent 237 


161 

Section 

—Revenues 11,  234,  236,  173,  219,  221 

— Schools — night 227 

—Normal  228 

—School  Board,  appoints  superintendent 229 

— Accounts  of  predecessors 226 

— Members — Judges  of  its  own 226 

—No  compensation 39 

— Qualifications 41 

— Monthly  meetings 225 

—Penalty  for  absence . . .  ., 226 

— Organization  •  219 

-Poll  tax 166,  173 

— Teachers — elected  by  school  board 223 

—in  service,  exempt  from  examination 224 

— may  be  discharged 222 

—Certificate  and  contract  required 118 

—Position  permanent 240,  241,  242 

—Text-books.     (See  "Text-books.") 

Treasurer,  reports 90,  89,  230,  231 

Certificates,  Teachers: 

See  "Examination  and  Certificates." 

Committees: 

On  examination  of  teachers,  par- 
ish certificates 77, 109, 110,  111,  112,  300 

Examination — papers  to  be  kept  one  year 77 

— compulsory 299 

— Applicants  may  be  refused 289 

-fee HI 

—governed  by  rule  of  State  Board. 109,  300 

On  examination  of  teachers,  State  certificates 123 

On  examination  of  parish  superintendents 329 

On  Text-books,  Act  39  of  1910. 

Donations: 

Authorized   28 

Accepting • 28,  31 

Conditions  donor  may  impose 29 

Duties  of  school  boards 30' 

Fidei  Commissa 31 

Not  inalienable .  .  29' 


162 

Section 
Examinations  and   Certificates: 

Third  Grade — Valid  for  one  year 116 

—Credits  for  Summer  School  work 319,  322 

— Required  subjects 311, 112 

Second  Grade — Required  subjects 311, 112 

—Credits  for  Summer  School  work 319,  322 

— Certificate  valid  for  three  years 116 

First  Grade — Required  subjects 311, 112 

— Certificates  valid  for  five  years 116 

—Credits  for  Summer  School  work 319,  322 

State  Certificate— Subjects  required 112, 121, 123, 124 

— Examining  committee 123 

—Summer  School  credits 319,  322 

— Valid  for  ten  years 122 

Superintendent's  Certificate — Subjects  required 328 

— Examination,  where  held 328 

• — Revocable   , . 35-b 

— Qualifications 35-b 

—Eligibility 20 

Special  Certificates,  subjects  of  high  grade 117 

Two  certificates  may  be  issued  on  one  examination.  .  .  .   116 

Certificates  and  contracts  necessary  to  teach 118 

Certificates — revocable  119 

—to  be  filed : . 120 

Examining  committees.     ( See  ' '  Committees. ' ' ) 

Right  of  applicants  to  examine  papers 77 

Graduates  of  Certain   Institutions: 

See  ''State  Institutions"  and  "Institutions." 

Institutions: 

State.     (See  "State  Institutions.") 

Authorized  to  grant  diplomas 115, 115-a,  125,  228 

Graduates  of  certain,  exempt  from  ex- 
amination    115, 115-a,  125,  228 

Institutes  and  Summer  Schools: 
Institutes: 

State  Board  of  Managers 96, 102 

One-Week— When  held 95 

— Attendance  compulsory 95 


163 

Section 

— Pay  for  attendance . 95 

— Orleans   exempt 105 

—Reports 98 

Parish  Teachers'  Institutes: 

Duty  of  Parish  Superintendent— 

—To  hold  monthly  or  bi-monthly  meetings. .  99 

—To  notify  teachers 100 

— To  consult  with  State  Institute  Conductor.  102 

— To  follow  programs * 102 

—To  call  roll  twice  per  day :.  103 

—To  keep  records,  etc 103 

— To  report  to  Institute  Conductor 103 

— Penalty  for  failure  to  comply 102 

—Institute  managers  may  be  appointed 104 

—Compensation 104 

— Attendance   compulsory,   fines,   compensa- 
tion    100,101 

— Assignments  and  fines 100 

—Fines  applied  to  local  institute  fund 100 

—Duty  of  Institute  Conductor  to  formulate  pro- 
grams   102 

— Institute  board  adopts  Reading  Course 102 

— Length  of  daily  sessions .- 102 

— Orleans  excepted 105 

Funds — 

—Fines    imposed    upon    parish    superintendent 

(State) 78 

—Parish 102 

—Fines,  teachers  and  principals  (parish) 95, 100 

—Handling  of  (local) 106-a 

Summer  Schools: 

Shall  be  held 94 

Credits  and  extensions  of  certificates 97,  319,  320 

Recognition  of,  recommended 321 

Preference  given  students  of 322 


164 

Section 
Parent,  The: 

Books.     ( See  "  Text-books. ' ' ) 

Children — Duty  of  parents  to , 291 

—Report  on  eyes  and  ears  of 74 

—Fee  for  enrollment 43 

Libraries  for  schools 216-b-f 

Resolution  of  commendation,  etc 318 

Studies,  wishes  of  parents  regarding 286 

Parish  School   Board: 

Accepting  and  regulating  donations. ...   28,  29,  30,  31,  35-e 
Attorney  for,  optional  with  board  •  compensation .  .   42,  42-a 

— District,  not  allowed  commissions  on  fines 296-a 

— Compensation,  recovery  school  lands 191-b 

— Compensation,  collection  16th  section 

notes 184-186 

— Compensation,  for  services  rendered  board     42-a 

— Compensation,  inheritance  tax 162 

— Compensation,  forfeited  bonds 79 

— Special  attorney  may  be  appointed  by  State  Su- 
perintendent       72 

Authorities  and  duties 35  to  35-f,  43,  46,  77,  45,  45-a 

—Trial  for  failure  to  perform 36 

— See  decision  of  Supreme  Court 296-f 

Bird  Day 108-a 

Board  of  examiners,  appointment  of 77 

Bodies  corporate 45-a 

Bonds — Manner  of  issuing  school,  see  ' '  School  Funds. ' ' 

—Exempt  from  furnishing,  in  suits 27 

—Premium  on  treasurer's,  paid  by  board 86 

—Forfeited,  compensation  of  district  attorney ...     79 

Constitutional  provision  for 7 

By-laws  and  rules,  how  enacted 35-e 

Contracts  and  debts 10,  35,  37,  45 

Contracts  with  sectarian  schools  prohibited 10,  45 

Contracts  shall  be  by  competitive  bid 35-e 

Contracts  with  private  schools  prohibited 10,  45 

Controversies,  decided  by  State  Superintendent 70 


165 

Section 

Days — special  school : 

—Arbor   327 

-Bird , 108-a 

—Columbus 107 

—Washington's  Birthday  (Independence) 314 

Debts.    (See  ''Contracts  and  Debts,"  above.) 
Donations.     (See  "Accepting  and  Regulating  Dona- 
tions," this  caption.) 

Damages,  authorized  to  recover 35-e,  191-a-b-e 

Districts,  division  of  parish  into 46 

—In  two  adjoining  parishes 47 

— Optional  which  children  shall  attend 48 

—Duty  of  school  board  and  superintendent 46 

— Records  of,  kept  in  permanent  form 46 

—Records  open  for  inspection 46 

Duties.    (See  "Authorities  and  Duties,"  also  "Mem- 
bers," this  caption.) 
Expropriation  of  lands  for  school  purposes.  ...   58,  59,  60 

Enumeration  of  educables 49,  50,  51 

Establishment  of  high  and  graded  schools 43,  301 

Exempt  from  furnishing  bonds  in  suits 27 

Funds — Must  exercise  due  vigilance  in  securing 35-e 

— Manner  prescribed  for  depositing 201-a 

— Annual  estimate  to  be  made 88 

(See  also  "School  Funds.") 

Fees  for  incidental  expenses  authorized 43 

Illegal  charges  cannot  be  allowed 294 

Information  and  advice  furnished  by  State  Superin- 
tendent       70 

Lands — Donation  and  purchase  of 35-e 

—Expropriation*  for  school  purposes 58,  59,  60 

(See  also  "School  Lands";  "Donations.") 

Laws,  duty  to  see  they  are  complied  with 35-e 

Libraries  shall  be  supported 216-b-f-d-g 

Local  boards.     (See  "Trustees,"  this  caption.) 

Members — Number  on  board ;    term  of  office 38,  40 

—Eligibility  and  qualifications 20,  41 

— Compensation   39 

—Election  of . .        7,  38 


166 

Section 

— Removal  by  Governor 36 

(See  also  "Supreme  Court  Decisions.") 296-f 

— May  not  engage  in  teaching 309 

— May  not  act  as  agents 108 

—Failure  to  perform  duties 36,  61,  304,  305 

Oath  of  office 54,  55,  56 

Meetings,  regular,  adjourned  and  called 85-e 

Penalties  for  not  recognizing  Normal  graduates,  State 
Normal  School 304 

Officers — Certified   reports   to    Supervisor   of   Public 
Accounts 89 

Poll  tax ;   recommendation  of  State  Board 302 

(See  also  "School  Funds.") 

Parish  Superintendent — Appointment  of 7,  35-b-f 

— Eligibility  and  qualifications 20,  35-b,  330 

— Removal  of 35-b 

—Term  of  office 35,  35-b,  35-f 

— Fines  against,  collected  by  board 78, 102 

—Salary 7,  75 

— Recommends  establishment  of  schools 35-e 

— Nominates  all  teachers 35-b 

— Premium  on  bond  paid  by  board 86 

— May  remove  teachers,  when 110 

— Board  must  provide  office  for 91 

— Neglect  of  duty  reported  to  State  Board 35-d 

President — Duties 44,  88 

Election  of 35-a 

— Member  library  committee 216-d 

— Warrants  drawn  by  him 88 

— Duty  in  connection  with  schoolhouse  doors.  .  213-c-b 
—Penalty  for  neglect 213-c 

Reports  of  parish  board 33,  35-d 

Revenues.      (See    "Funds,"    above;     also    "School 
Funds.") 

Schools — Number  and  location 35-e 

—School  districts 46,  47,  48 

— How  locations  may  be  changed 35-e 

— Sale  of  liquor  prohibited  near  certain 276 

— Gambling  prohibited  near  certain 275 


167 

Section 

—  Establishment  of  graded  and  high  .........  43,  301 

—  School  months  established  by  law  ............  212 

—  School  boards  shall  visit  ....................     35-d 

—  Rules  and  regulations  governing  .............     35-e 

—  Religious,  may  not  receive  parish  funds  ......     45 

—  Private,  may  not  receive  parish  funds  ........  45 

—  Old  sites,  manner  of  selling  ..................     35-e 

—  Incidental  fees  may  be  charged  ..............     43 

—Subjects  to  be  taught  in  ................   212,  213 

—  Which  schools  pupils  may  attend  .............     48 

—  Lenth  of  daily  session  ...................  ...  212 

—  Minimum  number  of  pupils,  to  open  .........  211 

—  May  expropriate  lands,  etc.,  for  .......  •  •  •  •   58,  59 

Schoolhouses  —  Doors  must  swing  outward  .........  .   213-b 

—  Erection  and  furnishing  ....................     35-e 

—  Changing  location  of  ;  how  ..................     35-e 

(See  also  "  Bonds"  and  "  Special  Taxes.") 

—  May  expropriate  sites  for  ...................     59 

School  Lands  —  Duty  in  connection  with  .........  189,  191-a 

(See  li  School  Lands.") 
School  Property  —  Authority  and  duties 

with  reference  to  same  .......  35-e,  189,  190,  191,  288 

—  Care  and  improvement  of  ...................     35-e 

—  Contracts  in  connection  with  ................     35-e 

State  Board  of  Health—  Duty  to  enforce  regulations  of  331 
State   Superintendent  —  Furnishes   information   upon 

request  ..............................  ........  70 

—Report  to  ......................  ,  ..........  35-d 

—  Has  general  supervision  over  boards  ..........  63 

_  Over  common,  high  and  normal  schools  .......  63 

—  Appoints  special  attorneys  ..................  72 


—Inheritance,  attention  called  to  ..............  325 

—  Duty  in  connection  with  ................  141-b 

(See  also  "School  Funds.") 
—Three-mill  police  jury  appropriation  .........     22-b 

Teachers  —  Minimum  age  18  years  ..................  313-a 

—  Employment  and  salary  ....................     35-e 


168 

Section 

—Nominated  by  parish  superintendent 35-b 

— Certificates  and  contracts  obligatory 118 

—Preference  given  State  Normal  graduates  303,  304 

— Summer  School  attendants 97 

—Not  required  to  teach  more  than  twenty  days 

for  school  month 212 

— Committee  on  examination  of 77 

—Revoking  certificates  of 110 

— Exempt  from  examination  in  certain 

cases   115,  115-a,  125 

Trustees — Auxiliary  visiting  may  be  appointed 35-c 

—Duties :  visit  schools ;   report  to  board 35-c 

— meet  and  advise  with  board 35-c 

Text-Books.     (See  " Text-Books.") 

Parish   Superintendent   of  Schools: 

Accounts,  form  of,  prescribed  by  Supervisor 91 

Advises  and  confers  with  State  Superintendent 63 

Appointment  of 7,  35-b,  35-f 

Association,  State  Teachers',  duty 315 

Agent  for  school  supplies,  may  not  act  as 108 

Bond,  premium  paid  by  board 54,  55,  56,  86 

Certificate  of  eligibility  required 35-b 

— Revocable   35-b 

— Committee  on  examination 329 

—Eligibility  and  qualifications 20,  35-b,  310,  328 

Duty — To  devote  entire  time  to  schools 330, 

—To  keep  records  prescribed 85 

—To  hold  institutes 99 

—To  enforce  uniformity  of  text-books 306 

— To  enforce  use  of  text-books 308 

—To  meet  and  confer  with  State  Superintendent .      63 

— To  visit  schools 76 

— In  connection  with  school  libraries 216-b 

— To  adhere  rigidly  to  school  laws 305 

— To  enforce  sanitary  regulations 331 

—Penalties  for  failure  to  perform 61,  304,  305 

— In  connection  with  Normal  graduates 303 

—Inheritance  tax 141-b 

Eligibility  and  qualifications 20,  35-b,  310,  328 

Efficiency  defined 330 


169 

Section 

Ex-Officio— 

— Secretary  to  school  board 7,  35-b,  75 

— To  keep  minutes,  etc 35-e,  84 

—To  keep  records,  etc 46,  80 

—Member  of  parish  examining  committee 77 

—Duties  in  connection  with 77 

—Examination  fee Ill 

—Right  to  test  all  teachers 299 

—Examinations,  etc 300 

— Treasurer  of  school  funds 86 

—Bond  required 54,  55,  56,  86 

—No  compensation  as  such 86 

—Accounts,  open  for  inspection 88 

—with  sheriff 326 

—Duties — Collection  of  notes 184, 185 

— Custodian  of  books,  etc 87 

—To  make  reports 89,  90 

— To  keep  record  of  fines  and  forfeitures  326 
—Funds — Deposited  in  banks ;  bonds .  86,  201-a-b-c 

—How  disbursed 88 

—Limits  in  issuance  of  warrants 88 

—Institute 106-a 

—Examination  fee Ill 

—Receives  State  apportionment 127 

— Sale  of  warrants 281 

—Reports — Annual  and  special 78 

—Quarterly 83,  89,  90 

—Penalty  for  neglect .     92-a 

—School  Lands 174-201 

—Collection  of  notes 184, 185, 186 

—Interest  from  State 181 

— Transmits    16th    section    moneys    to 

State  Auditor 186 

Oath— Of  office 54,  55,  56 

—May  administer,  to  persons 81 

—Cannot  qualify  directors 81 

Office — Board  required  to  furnish 91 

—Oath  of.     (See  "Oath,"  above.) 

— Accounts  and  records  kept  in 91 


170 

Section 

Pupils — Judgment  of,  final  in  suspension 217 

— Testing  eyes  of 74 

Qualifications  and  eligibility 20,  35-b,  310,  328 

Records — Of  business  transacted 80 

— Of  school  districts 80 

— Reports  of  principals 80,  85 

— Open  to  inspection  at  all  times 80 

— Penalty  for  failure  to  comply 85 

Removal  from  office ;    vacancy 35-b,  56 

Reports— Monthly,  to  State  Board  of  Health 347 

— To  State  Superintendent 78 

— Special,  to  State  Superintendent 80 

— Special,  to  State  Board  of  Education 25 

— Annual,  to  State  Institute  Conductor 103 

— Semi-annual,  to  Clerk  of  Court 33 

— Quarterly,  to  parish  board 83 

— To  Supervisor  of  Public  Accounts 89,  90 

Salary 7,  75,  86 

Schools — Districts,  determined 46 

— in  two  adjacent  parishes 47,  48 

— Records  open  for  inspection 46 

— Shall  be  visited,  when 76 

— Recommends  establishment  of 35-e 

— Recommends  selling  old  sites . '. 35-e 

— Recommends  change  of  location 35-e 

— Recommends  repairs,  etc.,  for  houses 35-e 

— Recommends  plans  for  houses 331-a 

Teachers— Minimum  age  18  years 313-a 

— Number  appointed ;   salaries  paid 35-e 

— Nominated  by  superintendent 35-b 

— May  be  removed  for  failure,  etc 217 

— May  revoke  license,  or  certificate 110, 119,  299 

— May  suspend  pupils ;  how 217 

—Shall  file  reports,  etc 85, 120 

—Penalty 85, 120 

— Contracts  signed  by  superintendent 44 

— Certificates    may    be    issued    on    examinations 

held  in  other  parishes 116 

Teaching ;   may  not  engage  in 312 


171 

Section 
Police  Jury: 

May  levy  ten  mills ;  when 296,  22-a 

Residue  of  ten-mill  tax  may  be  funded  for  building 

schoolhouses  22-a 

Taxes — Duty  to  levy,  when  voted 138 

—Which  may  be  levied ;  which  shall  be  levied.  126,  22-b 

Pupil,  The: 

Accountability  of,  to  teacher 217 

Books — Legal  cost  of 26 

For  indigent.     (See  "City  Schools.") 

Having  communicable  diseases  excluded 338 

Discipline  of 285,  286 

Duty  of  parents  to  children 291 

Enumeration  of  children  of  school  age 50 

— of  blind  and  deaf,  separate 50 

Eyes  and  ears  tested 73,  74 

Fee  may  be  collected 43 

Ferries,  etc.,  free  passage  over  certain 210 

Free  public  schools  for  all  children 5 

Minimum  number  of,  for  establishing  schools 211 

Suspension  of,  judgment  of  superintendent  final ....  217 

Which  school  pupils  may  attend 48 

Register  of  the   Land   Office: 

(See  "School  Funds.") 

Revenues: 

(See  "School  Funds.") 

Schools: 

Agricultural,   requirements 324 

—List  of  State  Approved 313-b 

Branches  taught  in 8,  212,  212-a,  213,  286 

Contracts  with  sectarian  and  private,  prohibited ....  10,  45 

Communicable  disease ;  when  found  in 338,  340 

Closets,  Stile's  sanitary,  to  be  used 345 

Districts— Formation  of 46,  296-g 

— Formation  from  parts  of  parishes 47 

— Records  for  districts  kept,  etc 46 

— open  for  inspection 46 

— Adjoining ;    which  pupils  may  attend 48 


172 

Section 

Doors  of  schoolhouses,  must  be  swung  outward .  .  213-b,  333 

Elementary  approved,  requirements  for 313 

Expropriation  of  lands  for  use  of 58,  59,  60 

Free  public,  for  all  children 5 

French ;   when  it  may  be  taught 8,  212 

Gambling  near  certain,  prohibited 275 

Garbage  can,  required  at  all 344 

General  exercises  of,  shall  be  in  English 8 

High  Schools — 

—State  approved 297 

—Diplomas   317 

—Established  by  parish  boards 43,  298,  31 6 

—Rules  and  regulations  governing.  . .  .   298,  301,  316 

— Sites  and  buildings ;   how  approved 43 

— Support.     (See  last  appropriation  bill.) 

(See  also  regulations  of  State  Board  of  Educa- 
tion. ) 
— Teachers,  shall  hold  first  grade 

certificates  298-16-18,  323 

Hours  to  be  kept  open 212 

Libraries 216-b-c-d-e:f-g 

Liquor,  sale  of  prohibited  near  certain 276 

Month,  fixed  by  law  as  twenty  days 212 

Premises,  shall  be  drained 341 

Private,  contracts  with  prohibited 10,  45 

Property — Exempt  from  seizure 287 

—In  charge  of  parish  board 35-e 

— May  be  expropriated 58,  59,  60 

Religious,  contracts  with  prohibited 10,  45 

Sale  of  liquor  prohibited  near  certain 276 

Schoolhouses — Doors  shall  swing  outward 213-b,  333 

—Penalty  on  president  of  school  board 213-c 

— Must  be  disinfected,  opening  of  session 339 

— Plans  for,  approved  by  parish  superintendent.   331-a 

— Ventilation  and  light,  regulations  for 332 

— Sweeping  of  floors,  regulations 334 

— Sites  for,  may  be  expropriated 58,  59 

— Spitting  on  floors  and  walls  of,  pro- 
hibited       213-a,  335 

— Site  may  be  changed ;  how 35-e 

State  Board  of  Health  regulations 331-347 


173 

Section 

Special  days  to  be  observed  in — 

—Arbor   Day 327 

—Bird    Day 108-a 

— Columbus  Day 107 

-Washington's   Birthday 314 

Summer  Schools.      (See  ''Institutes"  and  "Summer 
Schools.") 

Teachers.     (See  "The  Teachers.") 

Water — Abundant  supply  to  be  provided 342 

— Open  receptacles  for,  prohibited 343 

— Common  drinking  cup  prohibited 34<> 

School  Board: 

(See  "Parish  School  Board.") 

School  Funds: 

Constitutional   provision - 1.1 

Assessors '  fees 51,  57 

Apportionment  by  parish  not  required 280-a 

Apportionment  of  State 5, 127 

— Received  by  school  treasurer 127 

—Erroneous,  may  be  rectified 280 

Bonds.     (See  "Special  Tax,"  this  caption.) 
(See  also   "Police  Jury.") 

Care  of,  entrusted  to  parish  board 35-e 

Charges  in  violation  of  law,  prohibited 294 

Councils,  town  and  city,  shall  levy  three  mills.  .  .  22-b,  126 

Current,  how  expended 88,  129 

Debts,  limitation  fixed  by  law 37 

Deposited  with  highest  bidder 201-a-b-e 

Duty  of  parish  board  to  look  after 35-e 

Donations 35-e,  205 

Estimates  of,  to  be  made  annually 88 

Fees  from  pupils 43 

Fines  imposed  by  district  courts  paid  into 131,  209 

— District  attorney  not  allowed  commission  on. .   296-a 

— Sheriff's  commission  10% 1035  R.  S. 

Forfeited  bonds  paid  into 131 

—Sheriff's  commission  10% 1035  R.  S. 

—District  attorney's  commission  20% 1044  R.  S. 


174 

Section 

Fiscal  agent;    regulations  governing 201-b-c 

Free  school  bonds ;  sale  of  null  and  void 279 

High  schools,  may  not  be  established  with 43 

— How  expended 88 

Inheritance    tax — Constitutional   provision 21,  22 

—How  paid  and  distributed 141-a 

— Duty  of  parish  superintendent  and  school  board  141-b 

— For  support  of  public  schools 142 

—Property  exempt  from 143 

— Manner  of  taking  possession  of  succession .  144, 157 

— Duty  of  executor 144-a,  146 

— Amount  of  taxes  deducted  by 145, 148 

— Court  may  appoint 152 

—Duty  of  legal  heir 147, 150 

— Any  heir  may  institute  proceedings 154 

— Unknown  heirs 160 

— Property  may  be  sold  to  pay  taxes 149 

—Will;    search  for 151 

—"When  none  is  found 153 

— Right  of  creditors  preserved 155 

— Commission  of  tax  collector 161 

— Compensation  of  attorneys 162 

— Method  of  fixing  value  of  legacy 163 

— Penalty  for  delinquency. 164 

— Cost  borne  by  succession 165 

Police  Jury — 

— May  levy  ten  mills  by  appropriating  two  for 
schools 296 

— May  levy  ten  mills,  when  two  are  funded  into 

bonds  for  building  schoolhouses' 22-a 

— Shall  appropriate  three  mills ;  when 22-b,  126 

Poll  tax — Constitutional  provisions 3,  9 

— Returns  of  collections 166 

— Collection  from  jurors  and  witnesses 170-172 

—Collection  urged  by  State  Board 302 

(See  also  " Assessor"  and  "Tax  Collector.") 

Private  and  church  scjiools,  may  not  receive 10,  45 

Parish  treasurer  of.    (See  "Parish  Superintendent.") 
School  lands  (16th  sections).    (See  "School  Lands.") 


175 

Section 

State,  debts  due  from — 

— Agricultural  and  mechanical  fund 16 

Free  school  fund 11,  14,  17,  207 

— Seminary  fund 15 

—Inheritance  tax 21,  141-a  to  146 

—Interest  on  U.  S.  deposit  fund 130, 188 

Special  sources  provided  by  law 205,  209, 131 

State  appropriation  for  approved  high  schools 

State  appropriation  for  approved  agricultural  schools 
NOTE. — The  above  two  items  vary  from  year,    to  year. 

Special  School  Tax — 

— Bonds — Issued  by  "governing  authority".  . . .   138 

— Limited  to  forty  years 22-a 

— 10%  assessed  valuation '. 22-a 

—  5%  rate  of  interest 22-a 

—10  mills  special  tax 22-a,  137-c 

—Purpose  named  in  petition 138 

— Incontestible  after  60  days 140 

— Signed  by  president  of  school  board 138 

— Signed  by  secretary  of  board 138 

—Proceeds  of,  a  trust  fund 138-b 

— Sinking  fund  for  payment  of  bonds. . . . .   139 
— Tax  sufficient   to   pay   principal   and  in- 
terest  -.   139-a 

— Time  at  which  bonds  begin  to  mature ....  139-b 

— Denomination  of  bonds 139-b 

-Registered  by  Secretary  of  State  after  60 

days 140 

— Proceeds,  special  tax  a  trust  fund 138-c 

— Duty  of  Auditor  of  Public  Accounts 139-a 

— Penalty  for  willful  failure  or  neglect ....  140-a 

— Former  acts  not  invalidated 141 

— Recommended  by  State  Board 318 

— Parish  school  board  may  call  elections  for. . . .   132-a 

— Shall  call  elections ;   when 132-a 

—"Governing  authority"  defined. 22-a,  132 

— Resolution  calling  election. 132-b 

— Notice  of  election 132-b 

— Counting  ballots;   when  and  how. . .  132-b,  136-b 


176 

Section 

— Expense  of  election;    how  paid 133-a 

— Appointment  of  commissioners 133-a 

—Form  of  ballot D34-a 

— Concerning  voters  and  voting.  133, 133-b,  135-a,  135-b 
— On  manner  of  voting.     (See  "Supreme  Court 

Decisions.") 
—Majority  in  number  and  amount  necessary.  .  .  .   137-a 

— Time  of  opening  and  closing  polls 136 

— Duties  of  commissioners 135-b,  136, 136-a 

— Proces  verbal  sent  Secretary  of  State 136-a 

— Promulgation  and  records  of  election  filed.  .  .   136-d 

—Contests  limited  to  60  days 137 

• — "Governing  authority"  to  assess  and  levy  tax.   137-b 
— Treasurer.    (See  "Parish  Superintendent.") 

School  Lands:  • 

Attorney  for  recovery  of 191-a-b 

— for  recovery  of  damages 191-a 

—for  collections  of  notes 184, 185, 186 

— Special,  appointed  by  State  Superintendent ...     72 

Disposition  of  funds  recovered 191-e 

Auditor  of  Public  Accounts — 

—Duties 61 

— Collection  of  notes 183 

— Custodian  of  free  school  bonds 279 

— Authorized  to  invest  free  school  funds  in  levee 

bonds 216-a-4 

—Sale  of  lands  by 189-a-b-c-d,  175-177 

—of  timber  by 189-b 

— Survey  to  be  paid  by  him 175 

—Fixes  capital  due  townships 188 

—Furnishes  statement  of  same  to  State  Superin- 
tendent    188 

—Transfers  interest  on  U.  S.  deposit  fund  to  cur- 
rent school  fund 130 

—Interest  due  townships 14 

Decisions  of  Supreme  Court  concerning 281-288 


177 

Section 
Indemnity  Lands — 

— To  provide  for  sale  of 192 

— Manner  of  advertising 193 

— Sale  of ;  minimum  price 1 94 

— Manner  of  issuing  patent  to  purchaser 195 

— Application  for  entry  and  sale  exempt;  when.  197 

—Duty  of  State  Treasurer  in  sale  of 196 

—School-  warrant 288 

Lease  of — 

— Duty  of  school  board  to  lease ;   when 189 

—to  inform  State  Superintendent 189 

— Thirty  days'  notice  necessary 189-a 

— Security  required  for  rent 189-a 

— against  injury  and  waste 189-a 

— Parish  boards  authorized  to  reject  bids 189-a 

— Lease  of  oil  and  mineral  rights . 189-b 

— How  vote  is  taken 189-b 

—Notice  required 189-b 

—Result  sent  State  Auditor  and  State  Su- 
perintendent     189-c 

— Notice  sent  to  Auditor 189-e 

— Manner  of  making  lease 189-a-d 

—Notes  made  payable  to  Auditor  of  Public 

Accounts   189-d 

— Two  solvent  endorsers  in  solido  necessary.  189-d 

— Disposition  of  amount  from  lease 189-e 

— Expenses  of  election  and  sale  deducted.  . .  .189-e 

—Trespass— Penalty 191-a,  190, 191 

— Lessees  of  oil  and  mineral  rights  limited  to  ten 

years • 189-f 

— Purchasers  of  timber  must  remove  same  within 

ten  years. 189-f 

Parish  treasurer  of  school  funds.     (See  "Parish  Su- 
perintendent.") 

Origin  of . . . . 202 

Right  of  way  to  U.  S.  Government 175-a 

Registrar  of  Land  Office :     His  duties  in  connection 
with  indemnity  lands — 

-Advertises  sale  of 192, 193 

— Disposition  of  proceeds  of  sale 195 


178 

Section 

— Sees  that  reservations  of  school  lands  are  made 

for  each  township 201 

-Manner  and  place  of  sale. . . .  194, 195, 196, 197, 198 
— May  sell  sites  to  school  boards ;   how 199,  200 

Sale  of— 

—Annulling;  mode  of 191-a-b,  182,  281 

—Election  on 174, 178,  281 

— State  Auditor,  on  the  order  of 176 

-How  sold 176 

— Disposition  when  vote  is  against  sale 189 

—Notes  to  be  collected 184, 185, 186 

— Proceeds ;   disposition  of 186 

—Method  of  procedure  in 176, 178,  281 

• — Survey  required  before 175 

—How  paid 175 

— Parish   treasurer;    duty.      (See   "Parish   Su- 
perintendent.") 

—Timber 189-b 

• — Uninhabitable  lands 177 

— How   conducted 178 

— Eights  of  inhabitants  and  taxpayers  of  town- 
ship    281 

— When  lands  are  divided  by  parish  lines   179 

Trespass  on — 

—Penalty  for 190, 191 

— School  board  empowered  to  recover  damages. .   191-a 

— to  recover  lands 191-a,  281-b 

— Compensation  of  attorney 191-b 

—Manner  of  bringing  suit 191-c 

— Sixteenth  sections  illegally  acquired 191-d 

• — Residue  of  amount  recovered  paid  State 

Treasurer 191-c 

Warrants ;   sale  of 281 

Treasurer,  State;  duties — 

—Applies  to  general  government  for  10%,  etc. .  208 

— Invests  16th  section  money  in  levee  bonds. ...  7 

— Account  of  current  school  fund  kept 128 


179 

Section 

— Keceives   proceeds   sale   school   indemnity 

lands 195, 196 

—Interest  due  townships 14 

—Transfers  funds 130 

—Exempt  from  jury  duty 216 

Sheriff: 

(See  "Tax  Collector.") 

Special  School  Tax: 

(See  "School  Funds." 

State  Auditor: 

(See  "School  Funds,"  also  "Auditor  of  Public  Ac- 
counts.") 

State  Board  of  Education: 

Agricultural  Departments — Requirements 324 

Assessor — Reports  on  enumeration  of  educable  chil- 
dren       50 

—Reports,  separately,  blind  and  deaf 50 

— Penalty  for  neglect , 51 

Appointed  by  the  Governor 23 

Created  by  General  Assembly  under  authority  of  Con- 
stitution         7 

Donations — ^May  be  received 28 

— Cannot  be  mortgaged,  except  when 30 

— Donor  may  prescribe  manner  of  administering .     29 

— Cannot  be  made  inalienable 29 

— Boards  not  entitled  to  compensation  for  ad- 
ministering      30 

Elementary  Schools,  State  Approved 313 

Exempt  from  giving  bond  and  security  in  suits ......     27 

High  Schools — Importance  of 301 

—Agricultural  departments ;   requirements 324 

—Rules  and  regulations  governing. 31 6,  298,  298-a,  301 

— List  of  approved 297 

—Diplomas   317 

— Teachers,  must  hold  first  grade  certificates ....  323 


180 

Section 

Highest  authority — • 

— in  cases  of  removal  of  school  board 

members 36,  305 

— in  appeals  from  decision  of  State  Superintend- 
ent   70 

Important  resolutions  of 299  to  330* 

Meetings — Called  by  State  Superintendent 24 

Members — Compensation 23 

—Eligibility 20 

—Oath  of  office 54,  55,  56 

— Governor  ex-officio  member 2& 

— State  Superintendent  ex-officio  member 23 

— Attorney  General  ex-officio  member 25 

— State  Superintendent  ex-officio  secretary 24 

— appoints  assistant  secretary 24 

Normal  graduates ;  preference  urged 303 

Office ;  how  provided 24 

Parish  school  boards  may  be  removed  by  Governor ....  36 

Parish  superintendents,  efficiency  denned 330 

Penalty  for  non-compliance 61 

Poll  tax  collection  urged 302 

Reports — • 

— Special,  may  require  of  parish  superintendents.     25 

—Made  to  State  Auditor 32 

—Penalty 32 

— From  text-book  committee. 26-e,  26-g 

Resolutions 297  to  330 

Schools — 

— Agricultural 324 

— May  modify  subjects  taught  in 212 

— Curriculum  for  training  department 125 

Suits,  in  court  given  preference ;  when 27 

Special  tax  recommended 318 

Teachers — 

—Rules  for  examination  of 109,  300,  311 

— Fees  forwarded  to  State  Board Ill 

— Increase  of  salary  recommended  for  Summer 
School  work. .  .  3211 


181 

Section 

Text-books.     (See  " Text-books.") 

—Uniform  adoption,  six  years 26-h,  306 

— Approves  and  fixes  prices 26-h,  26-i 

— Mode  of  adopting  and  distributing 26 

— Limited  to  report  of  text-book  committee 26-h 

— as  to  subjects  changed 26-h 

— Report  of  committee 26-e,  26- g 

—Where  considered 26-e 

State  Board  of  Health: 

Sanitary  regulations 331-347 

State  Institutions: 

Louisiana  Industrial  Institute  and  College — 

—Aim , 256 

— Beneficiaries :  one  female  from  each  parish ....   254-a 
— one  female  from  each  ward  of  New  Orleans  254-a 

— Qualifications,  etc 254-b 

— Appropriations,   council  of  New   Orleans 

and  police  juries '  254-c 

—Branches  taught 257 

— Graduates;    recognition  given  in  examinations 

for  teachers'  certificates 115-a 

—State  Superintendent ;  report  to 67 

— ex-officio  member  board  of  supervisors 63 

— Support.     (See  last  appropriation  bill.) 13 

—President,  member  of  State  Institute  Board  of 
Managers 96 

State  School  for  the  Blind— 

-Establishment  and  object 268,  269 

—Pupils ;   how  long  may  remain 270 

—furnished  board  and  lodging  free,  etc 269 

— Report,  annual 67 

— State  Superintendent  member  board  of  super- 
visors   • ®3 

State  School  for  the  Deaf— 

— Pupils — Admission   272 

-Age 273 

—Branches  taught 274 

— Free  lodging,  board,  etc 272 


182 

Section 

— Report,  annual,  to  State  Superintendent 67 

— Reorganization 271 

— State    Superintendent,    ex-officio,    member    of 
board 63 

State  Normal  School :  Acts  51  of  '84,  73  of  '92,  61  of 
'86,  23  of  '88,  70  of  '02,  91  of  '96,  158  of  '02,  51  of 
'84;  Constitution  of  1898. 

—Aim 251 

— Beneficiaries:  one  female  from  each  parish ....  254-a 
— one  female  from  each  ward  of  New  Orleans  254-a 
— Qualifications  and  manner  of  selecting ....  254-b 

— Appropriation  for  support 254-c 

— Departments,  normal  and  practice 252 

-Diplomas 125,  255 

— Graduates,  preference  given  to 125,  303,  304 

— President,  member  State  Board  of  Examiners.   123 
— member  State  Board  of  Institute  Managers     96 

— State  Superintendent,  annual  report  to 67 

— ex-officio  member  board  of  supervisors ....     63 

— Support  (see  last  appropriation  bill) 13 

—Tuition....... 254 

State  University  and  A.  and  M.  College,  Louisiana: 
Acts  47  of  1870, 14  of  1867,  96  of  1860, 121  of  1869, 
228  of  1858,  303 -of  1867,  72  of  1869,  145  of  1876, 
20  of  1875,  65  of  1877,  125  of  1874,  141  of  1894, 
75  of  1896,  152  of  1902,  100  of  1886 ;  Constitution 
of  1898. 

—Aim 243 

—Affiliation 246 

— Beneficiary  cadets;    qualifications;    selection 

of 246-a-b 

— Police  juries  and  city  councils  may  appro- 
priate for 246-c 

— Degrees  and  diplomas 247 

—Recognition  given  to 115, 115-a,  121, 125 

—Departments 244,  245 

—Forestry 250 

—Graduates.     (See    "Degrees    and    Diplomas," 
above. ) 


183 

Section 

—Lands— A.  and  M.  College. 204 

—Seminary  203 

— President  member  State  Board  of  Examiners . .  123 
— Pensions  for  professors,  Carnegie  Foundation.  248 
— State  Superintendent,  ex-offieio  member  board 

of  supervisors 63 

• — Annual  report  to 67 

— Support.     (See  last  appropriation  bill.) 

— Interest  on  Seminary  fund 12,15 

— Interest  on  A.  and  M.  fund 12, 16 

— Maintained  by  General  Assembly. .......     12 

— Tuition  fees  authorized 254,  249 

Southern  University,  New  Orleans: 

— Graduates,  recognition  given  to 115, 115-a,  121 

— Organization  and  purpose.  • 266,  267 

— State  Superintendent,  annual  report  to 67 

— ex-officio  member  board  of  supervisors ...     63 
— Support  (see  last  appropriation  bill) 13 

Southwestern   Louisiana    Industrial   Institute:     Act 
162  of  1898,  Act  158  of  1902. 
—Aim.     (See  Act  162  of  1898.) 

— Beneficiaries :  one  female  from  each  parish ....  254-a 
— one  female  from  each  ward  of  New  Orleans  254-a 

—Qualifications 254-b 

— Appropriations  by  police  juries  and  the 

city  council  of  New  Orleans 254-c 

— Graduates ;  recognition  given  to ....  115, 115-a,  121 

— State  Superintendent,  annual  report  to 67 

— ex-officio  member  board  of  supervisors ....     63 

State  Superintendent  of  Education: 

Annual  convention  of  parish  superintendents 69 

Appeals  and  decisions 70 

Apportions  State  funds 127 

Appoints  assistant  secretary  of  State  Board 24 

Attorney,  special,  may  be  appointed  by  him 72 

Attorney  General,  renders  opinions  on  request 70 

—represents  State  Superintendent  in  court 284 

Auditor,  may  require  special  reports  f com 128 


184 

Section 

— furnishes  State  Superintendent  with  a  state- 
ment of  capital  and  interest  due  townships . .  188 

Clerical  force,  office  expense,  etc 62-a 

Decisions  and  appeals 70 

Duty ;  trial  for  neglect  of 61 

Elected  by  the  people 6 

Eligibility 20 

Examination  of  teachers 300 

Exempt  from  jury  duty 216 

Ex-officio  member — 

—of  State  Board  of  Education 24 

— of  boards  of  supervisors,  State  schools 63 

— of  Board  of  State  Institute  Managers 96 

— of  State  Board  of  Examiners 123 

—of  Gulf  Biologic  Station 64 

—of  Text-Book  Committee 26-b 

—Secretary,  State  Board  of  Education fc     24 

Funds ;    apportions  State 127 

— erroneous,  may  be  corrected 280 

— misappropriation,  reported  to  him 69 

— Examination  fees  received  by  him Ill,  300 

Inheritance  tax,  duty  in  connection  with 325 

Information  and  advice  furnished  by  him 70 

Oath  of  office. \ 54,  55,  56 

"  Office,  office  force,  records,  vacancy 62,  62-a 

Parishes,  visits  to 63 

Parish  boards,  has  general  supervision  over 63 

Parish  superintendent — 

— Advises  and  assists,  notifies  of  visits 63,  305 

— Furnishes  information  to 70 

— Annual  report  from 78 

— Special  reports  from 80 

— Special  to  State  Board  of  Education .........     25 

Pupils — Provides  for  examination  of  eyes,  etc.,  of . . .     73 

Records  to  be  kept 62,  65 

— to  be  furnished  to  Auditor  .* 65 

— furnished  Supervisor  of  Public  Accounts 90-b 

— Certified  copies  of,  admissible  in  evidence 68 


185 

Section 

Beports — 

— Biennial,  required 66,  67 

— Semi-annual,  to  State  Auditor,  required 32 

— Penalty  for  failure  to  comply 32 

—To  State  Board 69 

—Quarterly,  to  Supervisor  of  Public  Accounts  90-a,  92-b 
— Special  reports  may  be  required  of  parish  su- 
perintendents       80 

Salary  6,  62-a 

Special  attorneys  may  be  appointed  by  him ;   when . .     72 

State  Board  of  Education — 

— Calls  meetings  of 24 

— Decisions  subject  to  approval  of 70 

— Executive  officer  of 24 

— Ex-officio  member  of 23 

— Improper  use  of  funds,  to  be  reported  to 69 

— May  publish  proceedings  of 24 

— Appeals  to,  from  decisions  of  State  Superin- 
tendent.       70 

Suitable  room  and  office  fixtures  provided 62 

Suits ;  no  authority  to  appear  in  person 284 

Schools — Has  general  supervision  of 63,  305 

— Libraries ;   reports ;    rules  and  regulations . . .  216-c-e 

—Special  school  days 107, 108-a,  327,  314 

— High  school  diplomas  signed  by  him 317 

Schoolhouses :  plans  for,  submitted  to 331 

Text-books — 

— Ex-officio  chairman  of  committee 26-b 

— No  compensation  for  services 26-b 

— Price  list  and  terms  of 307 

— for  library  books 216-c 

Vacancy  in  office  of,  filled  by  Governor 62 

State  Treasurer: 

(See  "School  Lands/') 

Summer  Schools:  , 

(See  /'Institutes  and  Summer  Schools.") 


186 

Section 
Supervisor  of  Public  Accounts: 

Oaths,  authorized  to  administer 91 

Office  must  be  provided  for  secretary  and  treasurer  of 

all  boards,  etc 91 

— Books  and  records  kept  therein 91 

Officers,  all  public,  required  to  report  quarterly. ....  89 

— Quarterly  sworn  statements  required 90 

— Penalty  for  neglect  of  duty 92-a 

Prescribes  forms  of  accounts , 91 

Duty  of  school  treasurer  as  to  delinquent  tax  collector.  92 

Supreme  Court,   Decisions  Of: 

Apportionment,  errors  in,  may  be  corrected 280 

Boards  have  authority  to  institute  or  defend  suits . . .  277-a 

Bonds — Free  school,  sale  illegal 279 

— Bonds  issued  under  Art.  281  do  not  apply  to 

Art.  232 296-c 

Branches  of  study 286 

Budgets  made  by  municipal  corporations  binding.  . .   296-b 

Certificates  of  indebtedness 277-b 

Charges  in  violation  of  law  not  allowed 294 

Children;    duty  of  parents  to  educate  (excerpt  from 

Gladstone) 291 

Committee  on  examination ;  powers 289 

Communication  relating  to  moral  character  not  action- 

"able 290 . 

Districts,  school 296-g 

Officer,  discharge  of 292 

Pupil ;   moderate  correction  authorized  by  law 285 

Police  jury  tax;  may  be  10  mills,  when  (see  also  22-a)  296 
School  lands — Right  of  residents  of  township  to  sue 

for  recovery  of 281-b 

• — Sale  of  warrants 281 

— In  irregular  townships,  16th  section 288 

— Indemnity  school  warrants 288-b 

— School  board  without  authority  to  sue  for  re- 

vendication  of 288 

- — School  boards  without  authority  to  sell  or  lease 

timber  at  private  sale. 281 

School  property,  exempt  from  seizure 287 


187 

Section 

State  Superintendent,  represented  by  Attorney  Gen- 
eral   284 

Sureties 282, 283 

Taxes — For  schools  (city) 277 

— Parish,  may  be  ten  mills  when  two  are  ordered 

for  schools 296 

— For  school  purposes 296-e 

Teachers,  rate  of  compensation 293 

Treasurer,  must  account  for  funds 278 

— may  sell  warrants 281 

— and  sureties 283 

District  attorney,  not  entitled  to  commission  on  for- 
feited bonds 296-a 

Municipal  corporations,  liable  for  budgets  made 296-b 

— Prescription  of  one  year  no  protection 296-b 

Property  exempt  from  special  taxes ;".:..  296-e 

School  board — 

— without  authority  to  sue  for  revendication  of 

school  lands 288 

—Removal 296-f 

— Removal  by  State  Board  not  removal  by  Gov- 
ernor   296-f 

—Removal  by  State  Board 296-f 

— Not  required  to  apportion  parish  funds 280-a 

— Cannot  allow  illegal  charges 294 

—Power  to  adopt  rules  and  regulations 295 

— Estimates  by,  not  binding  on  city 296-c 

— Must  be  given  taxes  for  schools 296-e 

— Chairman  of  local  committee  responsible  to. . .  29 6- j 

Special  taxes — 

—Property  exempt  by  Constitution  also  exempt 

from 296-e 

— Contests  barred  after  three  months 296-e 

— May  be  voted  on  current  assessment  of  year 

at  any  time 296-e 

.—Contests  under  Constitution  of  1879  valid 296-e 

—Bonds  authorized  under  Art.  281  do  not  ap- 
ply to  Art.  232 296-e 

— Members  of  partnerships  entitled  to  vote 296-e 


188 

Section 

— Persons  not  entitled  to  vote  on  property  sold. .   296 -e 
—Not  set  aside  by  legal  votes  cast  without  proper 

evidence 296-e 

— Contest  on  specific   grounds  limited  to  these 

grounds 296-e 

— Right  of  widows  to  vote ;  when 296-e 

— Schoolhouses  built  by,  not  subject  to  use  as 

theatres 296-e 

— On  manner  of  endorsing  ballots 296-e 

— Amount  of  tax  not  necessary  in  petition 296-e 

— Purpose  of  tax  must  be  submitted  to  voters. . .   296-e 
— Poll  tax  for  two  years  previous  to  election  nec- 
essary    296-e 

— Restrictions  of  Art.  270  do  not  apply  to  Art. 

232. 296-e 

• — Assessment  roll  of  current  year  may  be  used. . .  296-e 
— Irregularities  not  affecting  fairness  of  election 

do  not  set  aside  tax  voted 296-e 

Superintendent,  election  of,  binding 296-d 

ax  Collector,  Sheriff: 

Bonds  and  fines,  commission ;  see  ' '  School  Funds. ' ' 

Duty  of  school  treasurer,  when  delinquent 92 

Taxes — 

— Commission  for  collecting 93 

— No  commission  on  special  taxes,  except  when. .     93 

— Inheritance 145 

— Administrator,  proceeds,  against  tax  col- 
lector    144-a 

— pays  tax  collector 145 

—liable  for  tax. 146 

— Service  made  on  tax  collector 147, 148 

— Property  may  be  sold ;  when 149 

— Legacy  not  delivered  before  payment 150 

— Applies  for  order  to  search  for  will 151 

— Commission 161 

— Probation  on  application  of  tax  collector . .  152 

— When  no  will  is  found 153 

— Bears  interest  at  rate  of  2%  a  month 164 

— Attorney  to  assist  tax  collector 162 

— Compensation 162 


189 

Section 
—Poll: 

—duty  in  collection  of 167, 169 

—Penalty  for  neglect 168, 169 

— Compensation  for 93 

—Duty  when  polls  are  collected  by  clerk  of 
court 172 

Taxes: 

(See  "  School  Funds. ") 


Text -Books: 

Committee  on  selection  of — 

— appointed  by  the  Governor 26 

— Members,  serve  six  years . , 26-b 

-  -Compensation  26-b 

—Duties 26,  26-d 

—Eligibility 26 

— Oath  and  qualification 26-d 

— Secretary 26-d 

— Meetings  held ;   when  and  where 26-e 

-Report 26-e  26-g 

—Elementary  books ;  when  adopted 26-f 

—Subjects 26-g 

— High  school  books ;  when  adopted 26-f 

—Subjects 26-g 

—Manner  of  making  report 26-e,  26-g 

— Library  and  reference  books 26-g 

— State  Board ;  limited  to  recommendations  of . . .     26-h 

— Limited  as  to  subjects  changed 26-h 

— Uniformity,  strictly  enforced 26-h 

— Details  of  adoption  left  to 26-i 

— Meeting  of 26-e 

— Limitation  of  subjects,  adopted  at  any  one 

time 26-h 

—Details  of  distribution,  etc 26-i 

Depositories  may  not  evade  contracts 308-a 

Regulating  the  price 307 

Uniformity  enforced 306,  308 


190 

Section 
Teacher: 

Age  limit,  minimum,  effective  1911-12 313-a 

Agent ;  may  not  act  as,  for  school  supplies 108 

Associations :    State  Teachers' 315 

— Parish  Teachers'.     (See  "Institutes  and  Sum- 
mer Schools.") 
Certificates.     (See  ''Examination  and  Certificates.") 

—Teachers',  may  be  revoked 110, 119,  299 

— and  contracts  necessary  to  teach 118 

— Must  be  of  sufficiently  high  grade 118 

— Health,  must  be  furnished 336 

Compensation  of 35-e,  293 

Discharge  may  result  from  incompetency 110,119 

Examinations :    ( See  ' '  Examination  and  Certificates. ' ' ) 

—held  under  rules  of  State  Board. 109,  300,  311 

— fees ;  sent  to  State  Superintendent  for  institute 

fund Ill 

— right  to  examine 77 

— papers  shall  be  kept  one  year 77 

Exempt  from  jury  duty. 216 

High  schools ;  required  to  hold  first-grade  certificates .   323 

Institutes— attendance  compulsory 100 

— Penalty  for  failure  to  attend 100 

— Compensation  while  attending 101 

(See  "Institutes  and  Summer  Schools.") 

Laws  and  regulations,  must  be  enforced 217,  285 

Libraries;  manager  of ;  duties  in  connection  with. 21 6-b-d-e 

License  and  contract  necessary  to  teach 118 

Summer  School  credits.    (See  "Institutes  and  Sum- 
mer Schools.") 

School  month,  twenty  days 212 

Parish  superintendent,  nominates 35-b 

— notifies  of  time  and  place  of  institutes 100 

—Certificate  may  be  revoked  by 229, 110, 119, 

— Judgment  final  in  suspension  of  pupils ........  217 

— Contracts   signed  by 44 

— Two  certificates  may  be  issued  on  one  exam- 
ination     116 

Pupils,  accountable  for  disorderly  conduct 217,  285 


191 

Section 

— Suspension,  subject  to  approval  of  parish  su- 
perintendent   217 

- — Testing  the  eyes  and  ears  of 74 

— Fees  authorized  by  law 43 

Records  shall  be  kept 85 

Reports,  monthly,  prior  to  receiving  pay 85, 120,  217 

Special  school  days,  to  be  observed: 

—Arbor  Day 327 

-Bird  Day 108-a 

— Columbus  Day , . 107 

—Washington's  Birthday 314 

Text-books ;  uniformity  must  be  enforced 306 

Treasurer,  Parish,  of  School  Funds: 

(See  "Parish  Superintendent") 

Treasuer,  State: 

(See  "School  Lands.") 

Trustees: 

(See  "Parish  School  Board.") 

Tulane   University: 

Acts  43  of  '84.  94  of  '90,  81  of  '60,  320  of  '55,  267  of 
'55,  269  of  '55. 

Recognized  as  created ,.,..... 12 

To*  be  developed  in  accordance  with  A.  43  of  1884 12 

Departments  of  the  University 260 

Powers  of  the  Board  of  Administrators 261 

By-laws  and  regulations 262 

Literary  honors  and  degrees 263 

Department  of  law 264 

Medical  department,  access  to  Charity  Hospital 265 

Scholarships  to  be  granted;   consideration 265-a 


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